HomeMy WebLinkAbout02-28-07 Meeting of the La Porte Redevelopment Authority minutes
La Porte Redevelopment Authority,
City of La Porte, Texas
Minutes of the Board Meeting
Held February 28, 2007
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas,
held a meeting, open to the public, on the 28th day of February 2007, and meeting was called
to order at 6:31 p.m. in Council Chambers at the City Hall, 604 West Fairmont Parkway, La
Porte, Texas 7751 and the roll was called of the duly appointed members of the Board, to
wit:
Peggy Antone
Dave Turnquist
Alton Porter
Horace Leopard
Doug Martin
JJ Meza
Michael Say
Chester Pool
Lin Pfeiffer
Position I
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9 - Chairman
and all of the above were present except Director Antone, Director Martin, and Director
Meza, thus constituting a quorum. Also present at the meeting were John Joerns, David
Hawes, Michael Dolby, and Russell Plank.
2. CONSIDER APPROVAL OF THE MINUTES OF THE NOVEMBER 29, 2006 BOARD
OF DIRECTORS MEETING
Upon a motion duly made by Director Say and being seconded by Director Porter, the board
unanimously approved the minutes of November 29,2006
3. REVIEW AND CONSIDER APPROVAL OF ANNUAL AUDIT FOR LA PORTE TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE FUND FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2006
Mr. Dolby reviewed the audit findings with the board. Upon a motion duly made by
Director Pool and being seconded by Director Leopard, the board unanimously approved the
audit report.
4. CONSIDER COLLATERAL ASSIGNMENT OF DEVELOPMENT AFREEMENT (THIS
"ASSIGNMENT") MADE BY PORT CROSSING LAND, LP, A TEXAS LIMITED
PARTNERSIP ("ASSIGNOR"), IN FAVOR OF LASALLE BANK NATIONAL
ASSOCIATION, A NATIONAL BANK ASSOCIATION ("ASSIGNEE")
Mr. Joerns and Mr. Hawes gave an overview of the Collateral Assignment Document. Upon
a motion duly made by Director Say and being seconded by Director Turnquist, the board
unanimously approved the collateral assignment agreement.
5. STAFF REPORT AND UPDATES
Mr. Joems gave an overview of the discussed the current status of development within the
zone boundaries.
6. BOARD MEMBER COMMENTS
There were no board comments
7. ADJOURNMENT
Upon a motion duly made by Director Porter and being seconded by Director Leopard, the
board unanimously approved the motion to adjourn at 6:45 PM.
SIGNED:
ATTEST:
TITLE:
TITLE:
DATE:
DATE:
La Porte Redevelopment Authority,
City of La Porte, Texas
Minutes of the Board Meeting
Held May 24, 2007
1. CALL TO ORDER AND DETERMINATION OF A QUORUM
The Board of Directors of the La Porte Redevelopment Authority, City of La Porte, Texas,
held a meeting, open to the public, on the 24th day of May 2007, and meeting was called to
order at 6:38 p.m. in the La Porte Recreation and Fitness Center, 1322 South Broadway, La
Porte, Texas 77571 and the roll was called of the duly appointed members of the Board, to
wit:
Peggy Antone
Dave Turnquist
Alton Porter
Horace Leopard
Doug Martin
JJ Meza
Michael Say
Chester Pool
Lin Pfeiffer
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9 - Chairman
and all of the above were present except Director Antone, and Director Meza, thus
constituting a quorum. Also present at the meeting were John Joerns, David Hawes,
Gretchen Black, Norman Reed, and Russell Plank.
2. CONSIDER APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2007 BOARD OF
DIRECTORS MEETING
Upon a motion duly made by Director Say and being seconded by Director Porter, the board
unanimously approved the minutes of February 28,2007
3. CONSIDER APPROVAL OR OTHER ACTION REGARDING THE PUBLIC FUNDS
DEPOSITOR COLLATERAL SECURITY AGREEMENT WITH AMEGY NATIONAL
BANK ASSOCIATION
Mr. Hawes gave the board an overview regarding the need for Public Funds Depositor
Collateral Security Agreement. Upon a motion duly made by Director Martin and being
seconded by Director Pool, the board unanimously approved the Public Funds Depositor
Collateral Security Agreement.
4. CONSIDER APPROVAL OR OTHER ACTION REGARDING A PROPOSAL BY
HAWES HILL CALDERON LLP TO PROVIDE PROFESSIONAL SERVICES
RELATED TO THE ADMINISTRATION OF THE LA PORTE REDEVELOPMENT
AUTHORITY AND TAX INCREMENT REINVERSTMENT ZONE
Mr. Joerns and Mr. Hawes gave an overview of the Agreement. Upon a motion duly made
by Director Say and being seconded by Director Leopard, the board unanimously approved
the agreement.
5. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS
ON BEHALF OF THE PORT CROSSING TIRZ PROJECT.
· PAY REQUEST NUMBER ONE IN THE AMOUNT OF $6,090,116.79
· PAY REQUEST NUMBER TWO IN THE AMOUNT OF $2,892,333.90
Mr. Joerns and Mr. Hawes gave an overview of the pay requests. Upon a motion duly made
by Director Porter and being seconded by Director Turnquist, the board unanimously
approved the pay requests.
6. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO CHANGE ORDER
NO.1 IN THE AMOUNT OF $334,707.40 TO THE ANGEL BROTHERS CONTRACT IN
PORT CROSSING COMMERCE CENTER. THE CHANGE ORDER INCLUDES
UPGRADES TO THE LIFT STATION, ADDING HEADWALLS IN LIEU OF RIP RAP,
STORM SEWER PIPE ADJUSTMENTS, AND THE EXTENSION OF THE 12-INCH
WATER MAIN
Mr. Joerns and Mr. Hawes gave an overview of the change order. Upon a motion duly made
by Director Leopard and being seconded by Director Martin, the board unanimously
approved the change order.
7. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO EXHIBIT B TO
TIRZ DEVELOPMENT AGREEMENT WITH PORT CROSSING AND AMEND
DEVELOPMENT AGREEMENT TO REFLECT CHANGES
Mr. Joerns and Mr. Hawes gave an overview of the amendment to the Development
Agreement. Upon a motion duly made by Director Say and being seconded by Director
Pool, the board unanimously approved the amendment to the Development Agreement.
8. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO PAY REQUESTS
FOR THE LAKES OF F AIRMONT GREENS TIRZ PROJECT RELATED TO OFF SITE
IMPROVEMENTS KNOWN AS THE SOUTH LA PORTE TRUNK SEWER PROJECT
· PAY REQUEST NUMBER ONE
· PAY REQUEST NUMBER TWO
· PAY REQUEST NUMBER THREE
· ENGINEERING AND PROFESSIONAL COSTS
Mr. Joerns and Mr. Hawes gave an overview of the pay requests. Upon a motion duly made
by Director Pool and being seconded by Director Turnquist, the board unanimously
approved the pay requests.
9. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO AN AGREEMENT
BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE
REDEVELOPMENT AUTHORITY FOR THE MANAGEMENT OF THE LA PORTE
PUBLIC IMPROVEMENT DISTRICT NUMBER ONE
Mr. Joerns and Mr. Hawes gave an overview of the Agreement. Upon a motion duly made
by Director Martin and being seconded by Director Leopard, the board unanimously
approved the agreement.
10. CONSIDER APPROVAL OR OTHER ACTION WITH REGARD TO AUTHORITY
INVOICES
Mr. Hawes gave an overview of the invoices. Upon a motion duly made by Director Say
and being seconded by Director Martin, the board unanimously approved the agreement
11. STAFF REPORT AND UPDATES
Mr. Joerns introduced Gretchen Black the new Economic Development Manager. Mr.
Joerns also spoke to the board with regard to the need for signalization at Wharton Weems
and State Highway 146. It was recommended that the board meet the fourth Wednesday of
each month.
12. BOARD MEMBER COMMENTS
There were no board comments
13. ADJOURNMENT
Upon a motion duly made by Director Pool and being seconded by Director Leopard, the
board unanimously approved the motion to adjourn at 7:24 PM.
SIGNED:
ATTEST:
TITLE:
TITLE:
DATE:
DATE:
5
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21, 2007
SUBJECT:
Agenda Item Materials
3. Consiqer approval or other action regarding the public funds depositor collateral security
agreement with Amegy National Bank Association.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston IX 77227-2167
713-541-0447 or FAX 713-541-9906
AMENDED AND RESTATED
PUBLIC FUNDS DEPOSITOR
COLLATERAL SECURITY AGREEMENT
This Amended and Restated Public Funds Depositor Collateral Security Agreement (the
"Agreement") is made and entered into as of the _ day of May, 2007 by and between LA PORTE
REDEVELOPMENT AUTHORITY (the "Depositor") and AMEGY BANK NATIONAL
ASSOCIA nON ("Bank"), and any prior Agreement between Depositor and Bank relative to the
subject matter hereof is hereby terminated as of the date first written above.
RECITALS
Depositor, through action of its Board of Directors, has designated Bank as a depository for
Depositor's funds. Funds on deposit with Bank to the credit of Depositor in excess of federal deposit
insurance are required to be secured by eligible security as provided for by the Public Funds
Collateral Act, V.T.C.A. Government Code Section 2257.001 et seq. (the "Public Funds Law").
Depositor and Bank understand and acknowledge that the amount of Depositor's uninsured deposits
in Bank may vary substantially from time to time; that under the circumstances permitted herein, the
Bank may release, add to or substitute for the securities pledged by Bank from time to time to secure
such uninsured deposits of Depositor; and that it is the intent of the parties that this Agreement be
renewed and extended upon and at the time of each permitted release, addition or substitution of
collateral securities and thereafter remain in force and effect for the full term thereof until terminated
in the manner set forth herein. In order to perfect Depositor's security interest in eligible securities
pledged by Bank from time to time to secure such uninsured deposits, the Board of Directors of the
Bank (the "Bank Board") has authorized the undersigned Bank officer to enter into this Agreement
on behalf of Bank under the terms of which Bank will either (i) cause JPMorgan Chase Bank, N.A.
(f/k/a JPMorgan Chase Bank) acting through its branch in Texas which has been designated by the
Texas Comptroller as a Texas State Depository to hold the collateral assets in a custody account as
bailee for the benefit of Depositor, or (ii) cause the Federal Reserve Bank to hold the collateral assets
in a n:::stri~1ed secllfjtj~s account, joint safekeeping account or other similar account. as
custodianlbailee for the benefit of Depositor (JPMorgan Chase Bank, N.A. or the Federal Reserve
Bank, as the case may be, hereinafter called the "Custodian").
The parties entered into a Public Funds Depositor Collateral Security Agreement dated as of
r 1 (the "Original Agreement") and the parties desire to amend and restate the
Original Agreement as provided herein for the purpose of permitting Depositor to designate Bank as
its agent in issuing written consent to Custodian with respect to substitution of Collateral and release
of excess Collateral.
AGREEMENT
Now, therefore, in consideration of the mutual covenants in this Agreement, the parties agree
as follows:
1. Grant of Security Interest. To secure the uninsured deposits maintained by Depositor with
Bank from time to time, Bank hereby pledges and grants to Depositor a security interest in its
Eligible Securities (as defined in the Public Funds Law) which are held, now or hereafter, by
Custodian for the benefit of Depositor in accordance with the terms of this Agreement (the
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"Collateral"). At all times during the term of this Agreement, the Collateral shall consist solely of the
following:
a) general obligations of the United States of America or its agencIes or
instrumentalities backed by its full faith and credit;
b) direct obligations of the State of Texas or Texas State agencies and instrumentalities;
c) collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States of America, the underlying security for which is
guaranteed by an agency or instrumentality of the United States of America;
d) other obligations, the principal and interest on which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of the State of Texas or the United States
of America or their respective agencies and instrumentalities;
e) obligations of states, agencies, counties, cities and other political subdivisions of any
state rated as to investment quality by a nationally recognized investment rating firm not less
than A or its equivalent;
f) fixed-rate collateralized mortgage obligations that have an expected weighted average
life of 10 years or less and which do not constitute a high-risk mortgage security as defined in
the Public Funds Law; and
g) floating-rate collateralized mortgage obligations that do not constitute a high-risk
mortgage security as defined in the Public Funds Law.
Bank shall cause Custodian to accept and hold the Collateral as bailee and/or custodian for Depositor
to secure Bank's obligation to repay the deposits.
2. Receipts. The Collateral held by Custodian for the benefit of Depositor, as of the effective
date of this Agreement, has been described on Trust Receipts (as defined in the Public Funds Law)
issued by Custodian, copies of which Custodian has forwarded to Depositor, and such current
Collateral is described on Exhibit "A" attached hereto and made a part hereof for all purposes. With
respect to additional or substitute Collateral hereafter delivered by Bank to Custodian to hold for the
benefit of Depositor, or any releases of securities previously held as Collateral ("Releases"), as
contemplated by this Agreement, Bank shall cause Custodian to issue Trust Receipts or Releases
describing such additional or substitute Collateral or released securities and promptly forward copies
of same to Depositor. Such Trust Receipts and Releases which are furnished to Depositor by
Custodian from time to time shall be deemed a part of this Agreement without further action on the
part of any party hereto, and this Agreement shall apply to such released, additional or substitute
Collateral to the same extent as if it were described on Exhibit "A" attached hereto. If the Custodian
is the Federal Reserve Bank, such Trust Receipts or Releases will consist of a written confirmation
(the "Advice"). Such Advice shall be subject to the terms and conditions of all applicable regulations,
operating circulars, bulletins and policies of the Federal Reserve Bank, including the terms and
conditions of any applicable forms or agreements, as may now exist or hereafter be enacted,
promulgated or issued by the Federal Reserve Bank (collectively "Applicable Regulations"). Upon
request of Depositor, Bank agrees to provide or cause Custodian to provide a then-current list of all
Collateral pledged by Bank to secure Depositor's funds to update Exhibit "A" to this Agreement.
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3. Required Collateral Value. Bank agrees with Depositor that the total market value of the
Collateral securing uninsured deposits maintained by Depositor with Bank will at all times during the
term of the Agreement be not less than one hundred ten percent (110%) of the amount of such
uninsured deposits (the "Required Collateral Value"). To insure that the Required Collateral Value is
maintained, Bank will redetermine, on a daily basis, the amount of Depositor's uninsured deposits
(taking into account that day's deposits, accrued interest, disbursements and withdrawals) held by
Bank and (using the most recently determined market value of the Collateral) promptly add any
additional Collateral which may be necessary to maintain the Required Collateral Value by either (i)
depositing with Custodian for the purposes of this Agreement any additional Collateral or (ii) if the
Custodian is the Federal Reserve Bank, transferring additional Collateral to a restricted securities
account, joint safekeeping account or other similar account maintained by the Federal Reserve Bank.
Determination of the market value of Collateral will be calculated monthly or more frequently on
Depositor's request; provided, however, the foregoing shall not relieve Bank of its obligation to fully
collateralize at all times the Depositor's uninsured deposits with Bank. If upon such monthly
determination ofthe Collateral's market value, the Required Collateral Value is not then maintained,
Bank will promptly deposit with Custodian for the purposes of this Agreement additional Collateral
necessary to maintain the Required Collateral Value.
4. Release of Collateral. Custodian shall not release any part of the Collateral without
Depositor's written authorization, except under the circumstances described in Sections 5
(Substitution of Collateral) or 6 (Excess Collateral) of this Agreement. Depositor's authorization to
Custodian to release from the Collateral only designated Eligible Securities shall terminate the
security interest granted by Bank in this Agreement only with respect to such designated Eligible
Securities. If the Custodian is the Federal Reserve Bank, this section shall apply except to the extent
it is in conflict with the provisions of the Applicable Regulations, in which event the provisions of
the Applicable Regulations shall govern the release of Collateral.
5. Substitution of Collateral. It is hereby agreed that upon obtaining the prior written consent
Qfthe pepositor, whi~h consent shall not be unreasonably withheld, substitutions of the Collateral
held hereunder may be made at any time so long as the fair market value of the Eligible Securities
being substituted is at least equal to the fair market value of the Eligible Securities being removed.
Bank shall send written request to Depositor with respect to each substitution of Collateral 15 days in
advance thereof. Such written request shall contain, at a minimum, a description of the amount and
type of Collateral subject to substitution and the amount and type of substituted Collateral. Bank
shall be deemed as Depositor's agent and is authorized to provide written consent to Custodian on
behalf of Depositor regarding the request for substitution of Collateral, provided no written objection
from Depositor was received by the Bank regarding such request during the IS-day period. Upon
receipt of any such written objection from Depositor, Bank shall immediately forward such written
objection to Custodian. The Custodian at no time has any duty or responsibility for determining (i)
the value of securities and (ii) whether the securities received for deposit qualify as Eligible
Securities. If the Custodian is the Federal Reserve Bank, this section shall apply except to the extent
it is in conflict with the provisions of the Applicable Regulations, in which event the provisions of
the Applicable Regulations shall govern the substitution of Collateral.
6. Excess Collateral. At such times as the aggregate market value of the Collateral held by
Custodian exceeds the Required Collateral Value, Depositor, upon request by Bank, shall authorize
Custodian to permit Bank to release the excess portion of the Collateral. Bank shall send written
request to Depositor with respect to each release of excess Collateral 15 days in advance thereof.
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Such written request shall contain, at a minimum, a description of the amount and type of excess
Collateral and the amount and type of Collateral remaining after the release of excess Collateral.
Bank shall be deemed as Depositor's agent and is authorized to provide written consent to Custodian
on behalf of Depositor regarding the request for release of excess Collateral, provided no written
objection from Depositor was received by Bank regarding such request during the IS-day period.
Upon receipt of any such written objection from Depositor, Bank shall immediately forward such
written objection to Custodian. Custodian shall have no further liability to Depositor with respect to
those Eligible Securities released upon Depositor's authorization. The Custodian at no time has any
duty or responsibility for determining that the value of Collateral is equal in value to or in excess of
the Required Collateral Value.
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7. Additional Collateral. If at any time the aggregate market value of Collateral held by
Custodian is less than the Required Collateral Value, Bank shall immediately upon learning of such
circumstance, and without further action by Depositor, promptly either (i) deposit with Custodian
sufficient additional Eligible Securities of the type specified in Section I as may be necessary to
cause the aggregate market value of the Collateral to equal the Required Collateral Value, or (ii)
transfer additional Eligible Securities of the type specified in Section I to the restricted securities
account, joint safekeeping account or other similar account maintained by the Federal Reserve Bank
as may be necessary to cause the aggregate market value of the Collateral to equal the Required
Collateral Value and cause the Federal Reserve Bank to issue a corresponding Advice (and Bank will
deposit with the Federal Reserve Bank additional Eligible Securities if and to the extent necessary to
fulfill its obligations under this Agreement).
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8. Earnings and Payments on Collateral. Bank shall be entitled to the interest income and
earnings paid on the Collateral and Custodian may dispose of such interest income and earnings as
directed by Bank without approval of Depositor, so long as Depositor has not notified Custodian of
Bank's default under this Agreement. Bank shall be entitled to any principal payment or prepayment
of the Collateral and Custodian may dispose of such principal payment or prepayment as directed by
Bank without approval of Depositor, so long as (i) the Custodian has received a written accounting
from the Bank indicating that the Required Collateral Value will be maintained after deducting from
the market value of the Collateral (determined no more than four (4) days prior to such payment date)
the amount of such principal payment or prepayment and (ii) Depositor has not notified Custodian of
Bank's default under this Agreement. Ifthe Custodian is the Federal Reserve Bank, this section shall
apply except to the extent it is in conflict with the provisions of the Applicable Regulations, in which
event the provisions of the Applicable Regulations shall govern the disposition of interest earnings
and principal payments on the Collateral.
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9. Default and Remedies. If Bank fails at any time to pay and satisfy, when due, any check,
draft, or voucher lawfully drawn against any deposit or becomes insolvent or materially breaches its
contract with Depositor, a default shall exist under this Agreement and Depositor shall give written
notice of such default to Bank, and Bank shall have ten (10) days to cure same. In the event Bank
fails to do so, it shall be the duty of Custodian, upon written demand of Depositor, to surrender or
transfer the Collateral to Depositor or Depositor's nominee and Bank hereby irrevocably authorizes
Custodian to surrender or transfer the Collateral upon the conditions herein specified. Depositor may
sell all or any part of such Collateral in a commercially reasonable manner and out of the proceeds of
the Collateral may pay Depositor all damages and losses sustained by it, together with all expenses of
any and every kind incurred by it on account of such failure or insolvency sale. Depositor shall
account to Bank for the remainder, if any, of said proceeds or Collateral remaining unsold. Such sale
may be either at public or private sale; provided, however, Depositor shall give Bank ten (10) days'
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written notice of the time and place where such sale shall take place, and such sale shall be to the
highest bidder for cash. Depositor and Bank shall have the right to bid at such sale. If the Custodian
is the Federal Reserve Bank, this section shall apply except to the extent it is in conflict with the
provisions of the Applicable Regulations, in which event the provisions of the Applicable
Regulations shall govern the Depositor's exercise of remedies against the Collateral.
10. Authorization and Records. The Bank Board has authorized the pledge of Bank assets to
collateralize uninsured deposits maintained by Depositor pursuant to resolutions substantially in the
form of Annex I attached to the form of Resolution Certificate and Certificate of Incumbency
attached hereto as Exhibit "B" (the "Resolution Certificate"), and has authorized the undersigned
Bank officer to enter into, execute and deliver to Depositor this Agreement on behalf of Bank and to
take all action which may be necessary or appropriate to create and perfect the security interest in the
Collateral contemplated hereunder. Bank shall deliver to Depositor a fully executed Resolution
Certificate as a condition precedent to the effectiveness of this Agreement and shall advise Depositor
immediately of any revocation, amendment or modification thereof. Bank shall maintain this
Agreement, its copies of all Trust Receipts, Releases and Advices, and the Resolution Certificate
among its official records continuously until such time as this Agreement is terminated and all
uninsured deposits of Depositor have been properly and fully paid out. This Agreement may be
executed in one or more counterparts, each of which shall be an original.
11. Authorized Representative: Depositor Agreements. The Depositor hereby confirms that it
has previously authorized its Investment Officer, Bookkeeper and/or Tax Assessor-Collector to
execute this Agreement and any documentation required in connection therewith, including
specifically pursuant to the Applicable Regulations and documentation related thereto, and to
represent it and act on its behalf in any and all matters of every kind arising under this Agreement.
During the term of this Agreement, the Depositor may further designate an additional officer or
officers to singly or jointly represent and act on behalf of Depositor in any and all matters of every
kind arising under this Agreement and, in such event, shall provide written notice thereof to Bank. In
the event of any conflict between the provisions of this Agreement and any other agreement between
the D~positor ami me Bank r~lating to the deposits, this Agreement will control, unless the conflict is
with the Applicable Regulations, in which event the Applicable Regulations will control. Subject to
the provisions of Section 5 (Substitution of Collateral) hereof, Bank and Depositor specifically agree
that Depositor's prior approval is required for any par-for-par Collateral substitutions.
12. Custodian as Bailee. Custodian will promptly identify the pledge by Bank to Depositor of
the Collateral on the Custodian's books and records and any additional or substitute Collateral and
issue to Bank and Depositor Trust Receipts covering the Collateral. Similarly, Custodian will
promptly remove from its books and records any securities released from the pledge by Bank in
compliance with the terms of this Agreement and issue to Bank and Depositor appropriate Releases
identifying the released securities. Custodian acknowledges that it is the bailee of Depositor for
purposes of Section 2257.044 of the Public Funds Law, and its custodial capacity is deemed to be set
forth on any Trust Receipt delivered to Bank and Depositor, whether such capacity is expressly so
noted or not. If the Custodian is the Federal Reserve Bank, this section shall not apply, but Bank
acknowledges the provisions of the Applicable Regulations which provide that the Federal Reserve
Bank is acting as custodianlbailee; that the Collateral identified on the Advice is subject to the
custodial provisions of the Applicable Regulations; and that the disposition thereof is subject to
Depositor's approval.
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13. Indemnification of Custodian. (a) Bank agrees to indemnify and hold Custodian and its
directors, officers, agents and employees (collectively the "Indemnitees") harmless from and against
any and all claims, liabilities, losses, damages, fines, penalties, and expenses, including out-of-pocket
and incidental expenses and legal fees (collectively "Losses") that may be imposed on, incurred by,
or asserted against, the Indemnitees or any of them for following any instructions or other directions
upon which Custodian is authorized to rely pursuant to the terms of this Agreement.
(b) In addition to and not in limitation of paragraph (a) immediately above, Bank
also agrees to indemnify and hold the Indemnitees and each of them harmless from and against any
and all Losses that may be imposed on, incurred by, or asserted against, the Indemnitees or any of
them in connection with or arising out of the Custodian's performance under this Agreement,
provided the Indemnitees have not acted with gross negligence or engaged in willful misconduct.
(c) The foregoing indemnifications shall survive any termination of this Agreement
14. Financial Condition. Bank will provide a statement of its financial position to the
Depositor on at least a quarterly basis. Bank will provide to the Depositor an annual statement
audited by its outside auditors including a statement by its outside auditors as to its "fair
presentation."
15. Amendment. Modification, Renewal. Each permitted release of previously pledged
Collateral and each addition to or permitted substitution for Collateral shall be deemed and
considered, without further action by Bank or Depositor, as an amendment to Exhibit "A" attached
hereto and a contemporaneous renewal and extension of this Agreement for the term hereinafter
stated upon the same terms and containing the same provisions as set forth herein, except as the
Collateral subject to this Agreement may be modified or amended thereby; provided, however, that
any such renewal and extension shall not affect any transaction entered into prior to such renewal and
extension until Bank shall have properly and fully paid out all uninsured deposits (including any
uninsured time deposits) and Depositor shall have authorized Custodian to redeliver to Bank's sole
control all Collateral then in Custodian's possession. Otherwise, this Agreement may not be amended
or modified except by mutual written agreement of the parties hereto.
16. Term. Unless sooner terminated as hereinafter provided, the term of this Agreement, and
any renewal or extension hereof resulting from any release, addition to or substitution of securities
pledged as Collateral hereunder, shall commence on the date of this Agreement, or the date of such
release, addition or substitution, and continue for a term often (10) years.
17. Termination. Either Depositor or Bank may terminate this Agreement prior to the
expiration of the term hereof upon thirty (30) days' advance written notice to the other or by entering
into a new Public Funds Depositor Collateral Security Agreement which is intended to supercede and
replace this Agreement; provided, however, that the terms of this Agreement shall continue to apply
to all transactions entered into prior to such termination and until Bank shall have properly and fully
paid out all uninsured deposits (including any uninsured time deposits) and Depositor shall have
authorized Custodian to redeliver to Bank's sole control all Collateral then in Custodian's possession.
18. Custodian Fees. Any and all fees associated with the Custodian's holding of Collateral for
the benefit of the Depositor will be paid by Bank and the Depositor will have no liability therefore.
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19. Notices. Any notice, request or other communication required or permitted to be given
under this Agreement shall be in writing and deemed to have been properly given when delivered in
person, or when sent by telecopy or other electronic means (acceptable to Custodian, if to Custodian)
and affirmative confirmation of error free receipt is received, or after being sent and received by
certified or registered United States mail, return receipt requested, postage prepaid:
If to the Custodian:
JPMORGAN CHASE BANK, N.A.
Attention:
Telephone:
Telecopier:
If to Bank:
AMEGY BANK NATIONAL ASSOCIATION
Attention:
Telephone:
Telecopier:
If to Depositor:
LA PORTE REDEVELOPMENT AUTHORITY
c/o City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Attn: John Joems
Fax: (281) 471-2047
With a copy to:
Hawes Hill Calderon LLP
2500 Tanglewilde, Suite 260
Houston, Texas 77063
Attn: David Hawes
Tel: (713) 541-0447
Fax: (713) 541-9906
[signature page follows]
REV. 03-05
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In witness whereof, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as ofthe day first above written.
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DEPOSITOR:
LA PORTE REDEVELOPMENT AUTHORITY
-
By:
Name:
Title:
-
BANK:
-
AMEGY BANK NATIONAL ASSOCIA nON
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By:
Name:
Title:
-
The Custodian, if other than the Federal Reserve Bank, joins in the execution of this Agreement for
purposes of Sections 8, 9 and 12, and if the Custodian is the Federal Reserve Bank, such joinder is to
be evidenced as set forth in the Applicable Regulations, the Advice and any documentation related
thereto.
-
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CUSTODIAN:
-
JPMORGAN CHASE BANK, N.A.
-
By:
Name:
Title:
-
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REV. 03-05
EXHIB IT "A"
Description of Eligible Securities Pledged
(i) General obligations of the United States of America or its agencies or instrumentalities backed
by its full faith and credit.
(ii) Direct obligations of the State of Texas or Texas State agencies.
(iii) Collateralized mortgage obligations directly issued by a federal agency or instrumentality of
the United States of America; the underlying security for which is guaranteed by an agency or
instrumentality of the United States of America.
(iv) Other obligations, the principal and interest on which are unconditionally guaranteed or
insured by the State of Texas on the United States of America or their respective agencies and
instrumentalities.
REV. 03-05
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EXHIBIT "B"
RESOLUTION CERTIFICATE AND CERTIFICATE OF INCUMBENCY
OF AMEGY BANK NATIONAL ASSOCIATION (the "BANK")
-
The undersigned hereby certifies as follows:
-
1. I am the officer of the Bank holding the title designated on the signature line of this
Certificate.
IIIllIIII:
2. Attached hereto as Annex I is a full, true and correct copy of resolutions (the
"Resolutions") duly adopted by the Board of Directors of the Bank in conformity with the Articles of
Association and By-laws of the Bank and in accordance with the laws of the State of Texas.
-
3. The Resolutions have not been amended, modified or rescinded, and are in full force and
effect on the date hereof.
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4. The Bank is duly organized and existing under the laws of the United States of America.
5. All franchise and other taxes required to maintain the Bank's existence have been paid and
none of such taxes are delinquent.
-
6. No proceedings are pending for the forfeiture of the Bank's authority to do business or for
its dissolution, voluntarily or involuntarily.
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7. The Bank is qualified to do business in each state where the nature of its business requires
such qualification.
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8. There is no provision in the Articles of Association, Bylaws or any other agreement,
indenture or contract to which the Bank or its property is subject whichliIEits the ~e~()lution~:lEd
the Resolutions are in conformity with the provision of the Bank's Articles of Association and By-
laws and with proceedings of the Board of Directors.
-
9. This resolution is made in order to comply with requirements of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989, as amended, and 12 U.S.C. 1 823(e), and shall
constitute a business record of the Bank and shall be continuously maintained in the official business
records of Bank.
-
10. The undersigned officers have been duly elected to the positions set opposite their
respective names below and are qualified to act in the present capacities in which they sign for the
Bank.
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11. The signatures appearing opposite each of the undersigned officers is his or her authentic
signature and each of the undersigned holds the office designated for the same.
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REV. 03-05
Name
REV. 03-05
EXECUTED the _ day of
Office
,200U.
Signature
Name:
Title:
ANNEX I
RESOLUTIONS
RESOL YED, that this Bank shall secure all deposits of LA PORTE REDEVELOPMENT
AUTHORITY (the "Depositor") in excess of amounts insured by the Federal Deposit Insurance
Corporation ("Excess Funds") on deposit with the Bank at any time in whatever amount; and further
RESOL YED, in regard to the above referenced deposits, that the Chairman of the Board of
Directors, President, any Executive Vice President, any Vice President, any Assistant Vice President,
or any other officer of the Bank is hereby authorized and directed to execute for and on behalf of the
Bank the following documents, it being further agreed that the execution of any of the same prior to
the adoption of these resolutions is hereby ratified, confirmed and adopted:
1. An Amended and Restated Public Funds Depositor Collateral Security Agreement (the
"Collateral Security Agreement") in favor of the Depositor, covering the Collateral described therein;
2. Such other and further documents as may be deemed necessary or desirable by such officer
or as required by the Depositor in regard to the securing of the Excess Funds; and further
RESOLVED, that the officers executing any of the above described documents are hereby
authorized and empowered to do and perform any and all actions required by the terms and
provisions of same to execute the same in the name and on behalf of the Bank, in such number of
counterparts as the officer or officers executing the same shall deem necessary or desirable, with
such terms, conditions, modifications, changes and provisions as the officer or officers executing the
same may approve, the execution of such documents to evidence approval of the terms thereof
conclusively; and further
RESOL YED, that any and all instruments executed and delivered on behalf of the Bank in
connection with these resolutions by any person purporting to be an officer of the Bank shall be
deemed to be the act of the Bank and shaH be in all respects bind1ng agamst tlie BanR;ai1d fiiftlier-
RESOLVED, that all actions of all officers, agents or other representatives ofthe Bank taken
or performed up to the date hereof in respect to the preparation, execution and delivery of the
documents, certificates or other instruments contemplated hereby, and the taking prior to the date
hereof of any and all actions otherwise required by the terms and provisions of the above referenced
documents, be, and they hereby are, in all respects approved, ratified and confirmed; and further
RESOLVED, that this approval is intended to comply in all respects with the requirements of
applicable statutory law relating to insurance of accounts including specifically, but without
limitation, the requirements of 12 U.S.c.A. SS 1821(d)(9)(A) and 1823(e); and further
RESOLVED, that any deposit agreements between Bank and Depositor and/or the Collateral
Security Agreement are all intended to be, and shall be deemed to be, official records of the Bank;
and further
RESOL YED, that any deposit agreements between Bank and Depositor, the Collateral
Security Agreement and these Resolutions shall be continuously maintained in the business records
ofthe Bank.
REV. 03-05
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-
-
-
-
-
-
-
-
-
-
-
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ADDENDUM (required)
Addendum to the AMENDED AND RESTATED PUBLIC FUNDS DEPOSITOR COLLATERAL
SECURITIES AGREEMENT dated May _, 2007 (the "Agreement") by and between the parties
shown below.
This addendum will be used to allow the authorized signor listed below to pledge or release collateral
as described in and pursuant to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Authorization as of the _ day of May,
2007.
LA PORTE REDEVELOPMENT AUTHORITY, Depositor
By:
Title:
AMEGY BANK NA nONAL ASSOCIA nON, Bank
By:
Title:
Accepted:
JPMORGAN CHASE BANK, N.A., Custodian
By:
Title:
Dated:
REV. 03-05
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
4
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21, 2007
SUBJECT:
Agenda Item Materials
4. Consider approval or other action regarding a proposal by Hawes Hill Calderon LLP to provide
professional services related to the administration of the La Porte Redevelopment Authority and
Tax Increment Reinvestment Zone.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
AGREEMENT BY AND BETWEEN
LA PORTE REDEVELOPMENT AUTHORITY,
REINVESTMENT ZONE NUMBER ONE, CITY OF LA PORTE,
AND HAWES HILL CALDERON LLP
This agreement is made by and between La Porte Redevelopment Authority and Reinvestment
Zone Number One, City of La Porte," (the "Clients") and Hawes Hill Calderon LLP (the "Contractor").
WITNESSETH:
WHEREAS, the Clients desire that the Contractor provide certain professional and administrative
servIces;
WHEREAS, the Contractor has the employees, office operations, and knowledge to ably provide
the professional and administrative services required by the Clients;
NOW THEREFORE, for and in consideration of the premises and mutual covenants and
agreements herein contained, it is agreed as follows:
I.
Engagement of Contractor
The Clients hereby engage the Contractor, and the Contractor hereby agrees to provide, furnish,
or perform certain professional and administrative services with respect to the Zone and Public
Improvement District including the services described on Exhibit A, annexed hereto. Such services
herein collectively referred to as the "Services."
II.
Compensation and Reimbursement to Contractor
. -. F0r-a.l1d-in-Gonsid~rati0n-of th~ prof~s-sional s~rvices to be performedbythe.Gentr-aet0r-speeified~
in Exhibit "A," Scope of Professional Consulting and Management Services, of this Agreement, the
Client agrees to pay the Contractor a fIxed fee of TWO THOUSAND DOLLARS ($2,000.00) per month
for project management services performed on behalf of the Clients and ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500.00) per meeting of the Board of Directors of the La Porte
Redevelopment Authority and Reinvestment Zone Number One, City of La Porte, and ~ of 1 % of the par
amount of each bond series issued, if any, for services performed in connection with issuance of bonds.
Reimbursable out-of-pocket expenses and other expenses and charges incurred by the Contractor in
performing the Services under this Agreement shall be made on a monthly basis upon submission by the
Contractor of invoices and other documentation setting forth such expenses and charges; provided,
however, all expenses and charges proposed to be incurred by the Contractor for the performance of the
Services shall be subject to the Clients' prior written approval. The Schedule of Maximum Charges and
Rates of Hawes Hill Calderon LLP for the performance of the Services by the Contractor under this
Agreement as set forth on Exhibit "B" attached hereto for reference are hereby approved by the Clients.
The Clients expressly disclaim any liability for reimbursement to the Contractor of any amounts in excess
of those approved in writing by the Client.
I
-
-
Contractor shall tender to the Clients a detailed invoice of the services performed and the
allowable reimbursable expenses incurred to the Clients each month during the term of this Agreement.
Payments on account of services rendered and for reimbursable expenses incurred shall be made within
30 days after the Clients receive Contractor's detailed invoice therefor. In the event of a disputed or
contested invoice, the Clients may withhold any such disputed or contested amount without penalty.
-
-
m.
Administrative Policies and Procedures
-
The Contractor shall conduct the administrative activities of the Clients in accordance with the
instructions and guidance of the Clients.
-
IV.
Accounts, Records, Accounting Reports and Audits
-
The Contractor shall maintain the books of records and accounts of the Clients in order to
establish the amount due by the Clients to the Contractor in accordance with this Agreement. All such
records shall be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible. The Contractor shall provide free access to the Clients and allow
for inspection and audit of all work, data, documents, proceedings, and activities related to this
Agreement. Such right of access and audit shall continue for a period three (3) years from the date of
termination of this Agreement.
-
-
V.
Compliance With Applicable Laws Concerning Redevelopment Authorities,
Local Government Corporations, Tax Increment Reinvestment Zones and Public Improvement Districts
-
The Contractor, in performance of its duties under this Agreement for the Clients, will comply
with all applicable provisions of Texas law and municipal ordinances concerning redevelopment
authorities, local government corporations, tax increment reinvestment zones and public improvement
distnGts under whicll these entities are created.
-
-
VI.
Right of Ownership
-
All data, information, maps, books, reports, files, photography, artwork, software, equipment, and
materials purchased, created or maintained by the Clients or purchased, created or maintained by the
Contractor on behalf of the Clients shall remain the property of the Clients. It shall be clearly marked as
property of the Clients in such manner that it may at any time be removed from the premises of the
Contractor.
-
VIT.
Laws to be Observed
In performing its obligations under this Agreement, the Contractor at all times shall observe and
comply with all federal and state laws, local laws, ordinances, orders, and regulations of the federal, state,
county, or city governments. The federal, state, and local laws, ordinances, and regulations which affect
those engaged or employed in the work, or the equipment used in the work, or which in any way affects
the conduct of the work, shall be at all times in effect, and no pleas of misunderstanding will be
considered on account of ignorance thereof.
-
2
-
vrn.
Successors and Assigns
This Agreement shall bind and benefit the respective parties and their legal successors, and shall
not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of
the other party. Nothing herein shall be construed as creating any personal liability on the part of any
officer or director of the Authority or the Zone.
IX.
Character of Workers and Work
Services provided for under this Agreement are being performed for the public benefit. The
employees provided by the Contractor shall be competent and careful workers skilled in their respective
trades. In performing its obligations under this Agreement, the Contractor shall not employ any person
who engages in misconduct or is incompetent or negligent in the performance of his or her duties. The
Clients retain the right to require the Contractor to remove from the performance of services provided for
under this Agreement any employee who engages in (1) unethical or unprofessional conduct, (2)
misconduct or other discourtesies toward the public, (3) conduct inconsistent with sound business
practices or (4) other conduct inconsistent with the performance of work in an acceptable manner and at a
satisfactory rate of progress to the Clients. Nothing herein is intended to, and the parties agree that this
Agreement does not, create any third party beneficiary rights for any employee or other person. It is
intended that any employee who engages in any services provided for under this Agreement is an
employee-at-will of the Contractor.
X.
Conflict of Interest
In keeping with Contractor's duties to the Clients, Contractor agrees that it shall not, directly or
indirectly, become involved in any conflict of interest, or upon discovery thereof, allow such a conflict to
continue. Moreover, Contractor agrees that it shall promptly disclose to the Clients any facts, which might
~ involve- my F€asonablep0ssibiIft;y 0fiiG0rifliGt of int~rest.
XI.
Term and Termination
This Agreement shall become effective as of the date executed by the Client and the
Contractor as set forth on the signature page hereof and shall continue in force for a period of
two (2) years from the date of execution, at which time this Agreement may be extended and the
scope amended by mutual agreement of both parties. Either party may terminate this Agreement
without cause at any time by giving the other party at least sixty (60) days' prior written notice
thereof, specifying in such notice the effective date of such termination. In the event of
termination, it is understood and agreed that only the amounts due the Consultant for services
provided and expenses incurred to the date of termination will be due and payable. No penalty
will be assessed for termination of this Agreement.
3
XII.
Amendment or Modification
....
Except as otherwise provided in this Agreement, this Agreement shall be subject to change,
amendment, or modification only upon the written consent of the parties hereto.
-
XIII.
Disclaimer of Political Support or Affiliation
-
The Clients expressly disclaim any political support or affiliation with the Contractor. Further,
the Clients prohibit the Contractor, and the Contractor hereby agrees to comply with such prohibition,
from expending any Zone or Authority funds, directly or indirectly, including any funds to be reimbursed
by the Zone or Authority, on any political candidate, cause, party, organization or activity.
-
-
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(EXECUTION PAGE FOLLOWS)
-
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-
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-
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4
-
AGREED AND ACCEPTED TIDS
, 2007.
DAY OF
On Behalf of Reinvestment Zone Number One:
By:
Name: David W. Hawes, Managing Partner
Hawes Hill Calderon LLP
By:
Name: Chairman
Reinvestment Zone Number One
City of La Porte
ATTEST:
By:
Name:
Title:
And on Behalf of La Porte Place Redevelopment Authority:
By:
Name: David W. Hawes, Managing Partner
Hawes Hill Calderon LLP
By:
Name: Chairman
La Porte Redevelopment Authority
ATTEST:
By:
Name:
Title:
5
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-
Exhibit "A"
-
Scope of Professional Consulting and Management Services
Hawes Hill Calderon, LLP, will provide the following services:
Professional Consulting and General Administration
. Assign principal consultant David Hawes as the Authority's Executive Director/Zone Administrator and
lead consultant responsible for managing and directing all professional team services provided to and on
behalf of the Authority and Zone and their respective Boards of Directors as well as to the Public
Improvement District
-
-
. Provide full professional management, administrative and technical support services to the Authority,
Zone and District
-
. Serve as the Clients' liaison and advocate with the City of La Porte, Harris County, agencies and
departments of the State of Texas, and other interested parties
-
. Provide expert testimony in public meetings and proceedings as requested by the respective Boards of
Directors
-
. Coordinate and provide professional services in conjunction with Clients' attorney concerning legal
matters related to Board operations, implementation of Zone plan, and development agreements
-
. Assist developers with regard to their development projects within the Zone
-
. Work with City to resolve infrastructure issues as they arise
-
. Work with developers to ensure that development agreement procedures are followed
. Coordinate and work with City to prepare fmancing packages to reimburse developers for eligible project-
related costs defined in each developer reimbursement agreement. This includes, but is not limited to,
providing the City with necessary zone information, verifying eligible project costs and providing
information briefings to elected City officials.
-
-
Board Development and Administration
-
. Coordinate and arrange all meetings of the respective Boards of Directors and their committees
-
. Prepare all meeting agendas and ensure proper notification is made in accordance with state statutes and
such other governing documents as may apply
-
. Take and prepare minutes of Board meetings
. Prepare resolutions, certificates and other official documents as may be required
-
-
. Assemble and distribute reports and information packets for use at Board meetings
. Develop and implement an orientation program to assist new Board members to cany out their duties and
responsibilities and to understand the Zone's history, policies and procedures, and pertinent laws
Information and Communications Management
. Provide GIS and database management services as required
. Assist in the coordination, communication and interface between the Boards of Directors, government
officials and employees, contractors, developers, property owners, residents, and others regarding planned
and actual Zone projects
. Prepare or cause to be prepared reports, maps, charts and exhibits as requested by the respective Boards of
Directors
. Receive inquiries and respond to property owners, real estate agents and brokers, and other interested
parties with respect to development issues that pertain to the Zone and the Redevelopment Authority
. Maintain records and files of the Authority and Zone consistent with the Texas Public Information Act, the
Local Government Records Act, and all other applicable laws, rules and regulations
. Monitor regulations and comply with reporting requirements of Secretary of State, City of Houston, and
other regulatory bodies
Financial Administration
. Oversee all accounting and fmancial administration procedures of the Authority, Zone, and District
. Administer the Authority, Zone and District budgets, including tracking income and monthly expenses in
reference to the annual budget, monitoring expenses, preparing budget reports, assisting with annual
budget preparation
. Provide staff support to the Authority's Investment Officer, which includes the following:
1. Maintain the Authority's compliance with the Public Funds Investment Act and Public Funds
Collateral Act
2. Prepare and submit required annual disclosure statements to the Texas Ethics Commission
3. Compile and present information regarding investment opportunities that conform to the District's
Investment Policy, Public Funds Investment Act and the Public Funds Collateral Act
4. Prepare quarterly investment reports for the Investment Officer's certification and presentation to the
Board of Directors
7
5. Provide the Investment Officer with information regarding required biannual training programs
-
6. Assist Investment Officer and Board of Directors in an annual review and revision of the District's
Investment Policy
7. Arrange for Authority's independent audit, providing necessary information and documentation
8. Oversee the Clients' consultant responsible for tracking zone values to assure that Clients' receive aU
monies due
9. Coordinate and work with fmancial consultants, the City of La Porte, and others on preparation of
documents, financial projections, and related information required to carry out bond sales
-
..
Contract Administration and Project Management
. Prepare requests for proposals for professional services and bids for contract services as needed and as
determined by the Boards of Directors
-
. Analyze proposals and bids from prospective contractors and provide summary analyses for consideration
of the Boards of Directors in decision-making
-
. Provide management oversight for all contractors, including such service providers as engineering/project
management consultants, legal counsel, bookkeepers and fmancial advisors, public infrastructure
construction contractors, security services, landscape services, and others that the Clients may employ
from time to time
-
-
. Interface with developers on development, financing, and property acquisitions issues
.....
Bond Services
-
. Provide management oversight over the bond process
. Provide communications and technical support with regard to the production of bond documents.
-
. Interface with zone consultants, underwriters, rating agencies, and bond insurance companies with regard
to the effective pricing and sale of contract revenue bonds
-
. Produce economic base data to support the sale of the bonds.
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8
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Exhibit "B"
Schedule of Maximum Charges and Rates of
Hawes Hill & Associates LLP
Professional consulting and general administration
. Board Development and Administration
. Information and Communications Management
. Financial Administration
. Contract Administration and Project Management
. Bond Services
Board meeting preparation, attendance and follow-up
Out-of-pocket expenses including, without limitation, the following:
. prints, photocopies, reproductions, graphics, art supplies
. postage, deliveries
. long distance telephone calls
. posting, filing and submittal fees
. publication of public notices
. parking fees and tolls
. travel, lodging and incidentals
monthly iIxed fee: $2,000.00
bid as package
bid as package
bid as package
bid as package
VI of 1 % of the par amount of each
bond series
$1,500 per meeting
actual cost
Automobile mileage directly attributable to this project shall be charged at the current rate allowable under
Internal Revenue Service regulations.
9
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
5
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
5. Consider approval or other action with regard to pay requests on behalf of the Port Crossing TIRZ
Project.
A. Pay Request Number One in the amount of$6,090,116.79
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
ML REALTY
PARTNERS
March 20, 2007
Mr. John Joerns
La Porte Redevelopment Authority
c/o City of La Porte
604 West Fairmont Parkway
La Porte, TX. 77571
Re: TIRZ Draw for Port Crossing Land LP
Via: DHL
Dear John,
Please find enclosed the 1st TIRZ draw and General contractor statements and the sworn
statements for Port Crossing Land LP for the period ending December 31,2006.
Please let me know if you have any questions or concerns.
You can contact me at 630-250-2903, or by email at:mstudtmann(@mlrealtypartners.com
~~c~~lY,
Mark Studtmann
cc: David Hawes, Russell Plank
The Chancellory, One Pierce Place, Suite 450 · Itasca, Illinois 60143 · phone (630) 250-2900 · fax (630) 250-2901
Line Item
ce#
. \?rt~rp!lSing rlfi:?;lmpi'gy~roer)ts "
ForTne,~~~rJm~~~~~r~b~r 31, 26o~
".',"...-'
GL#
Invoice #
Vendor Name
Amount
-
-
-
Totals
2,300,000.00
Land Costs
Hard Costs
Infrastructure Construction Cost
Civile Engineering
Land Clearing
Interest Expense
12225
12400
24150
24150
24150
24150
24150
12400
12400
12400
12350
12350
1200
1200
1200
1200
1200
1200
1200
1200
1200
1200
Estimate #1
Estimate #2
Estimate #3
13888
13760
13775
13807
13871
14110
267542
267635
Land
2,300,000,00
Angel Brothers
Angel Brothers
Angel Brothers
195,268.50
624,605.8q
2,131,144.""
Goldston Engineering
Goldston Engineering
Goldston Engineering
Goldston Engineering
Goldston Engineering
Goldston Engineering
TEDSI
TEDSI
128,482.70
12,2,.;36.25
25,275.22
9,072.09
32,340.17
317,593.57
2,850.00
5,700.00
-
-
2,951,018.46
-
-
1200
1200
06-1009-05098 WT Byler
06-1009-05098 WT Byler
117,479.00
43,065.00
533,550.00
-
-
May - December
145,004.33
'1"o,*'.l;l!:Qr.w;i#.1.
160,544.00
-
145,004.33
-
.:.;$6':09Q;"111$~79:
---------. :-..-
-
-
-
-
-
-
-
Port Cro#ing TIRZII11p.rolfernents
.' " . [)f~rt~~que.st~1 . . ' "
For The,Montti 'Enoln 'December 31, 2006
TOTAL BALANCE TO
ORIGINAL SCOPE REVISED PREVIOUS CURRENT PAID BECOME
BUDGET CATEGORY ~ CHANGES REALLOC. BUDGET fA!Q REQUEST TO DATE ~
USES OF FUNDS
Land Cost 2,300,000,00 0.00 0.00 2,300,000.00 0,00 2,300,000.00 2,300,000.00 0.00
Infrastructure Constructure 7,723,000.00 0.00 0.00 7,723,000.00 0.00 2,951,018.46 2,951,018.46 4,771,981.54
Lendscaping 300,000.00 0.00 0.00 300,000.00 0,00 0.00 0.00 300,000.00
Land Clearing 120,000.00 0.00 0.00 120,000.00 0.00 160,544.00 160,544.00 (40,544.00) -
Civil Engineering 1,303,000.00 0.00 0.00 1,303,000.00 0.00 533,550.00 533,550.00 769,450.00
Interest Expense 0.00 145,004.33 0.00 145,004.33 0.00 145,004.33 145,004.33 0.00
TOTAL USES 11,746.000.00 145,004.33 0.00 11,891,004.33 0.00 6,090,118.79 6,090,116.79 5,800,887.54
SOURCES OF FUNDS
TIRZ 11,746,000,00 145,004.33 0.00 11,891,004.33 0.00 6,090,116.79 6,090,116.79 5,800,887.54
TOTA!.. SOURCES 11,746.000.00 145,004.33 0.00 11 ,891.004.33 0.00 6,090,116.79 6,090,116.79 5,800,887.54
0.00
Approved By
Date
Developers working on budget adjustments,
!J6
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21, 2007
SUBJECT:
Agenda Item Materials
5. Consider approval or other action with regard to pay requests on behalf of the Port Crossing TIRZ
Project.
B. Pay Request Number Two in the amount of$2,892,333.90
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
ML REALTY
PARTNERS
April 16, 2007
Mr. John Joerns
La Porte Redevelopment Authority
c/o City of La Porte
604 West Fairmont Parkway
La Porte, TX. 77571
Re: TIRZ Draw for Port Crossing Land LP
Via: DHL
Dear John,
Please find enclosed the 2nd TIRZ draw and General contractor statements and the sworn
statements for Port Crossing Land LP for the period ending March 31, 2007.
Please let me know if you have any questions or concerns.
You can contact me at 630-250-2903, or by email at:mstudtmann@mlrealtypartners.com
Sincerely,
JU~
Mark Studtmann
cc: David Hawes, Russell Plank
The Chancellory, One Pierce Place, Suite 450 · Itasca, Illinois 60143 · phone (630) 250-2900 . fax (630) 250-2901
-
~ort Cr9l;~ing.T'~~!ll1pr?\feinents
DraWR~cjUel;t~ .......
For The Mon\h Endlfl March at. 2007
,,#~.
Line Item
cel
GL#
Invoice I
Vendor Name
Amount
Totals
Land Costs
12225
1200
Land
Hard Costs
Infrastructure Construction Cost
12400 1200 Estimate #4 Angel Brothers
12400 1200 Estimate #5 Angel Brothers
12400 1200 Estimate #6 Angel Brothers
12485 1200 13381 JJ&R Electric
12485 1200 Application #1 JJ&R Electric
2,153,686.50
259,771.23
324,044.28
40,185.50
41,619.11
-
2,819,306.62
Landscaping
36100
1200
20702
110618
10703
3DR Design
3DR Design
3DR Design
245.00
450.00
1,150.00
-
1,845.00
Civil Engineering
24150
12400
12400
1200
1200
1200
267704
277938
Goldston Engineering
TEDSI
TEDSI
589.00
625.00
-
1,214.00
Land Clearing
12350
12350
1200
1200
WT Byler
WT Byler
-
Interest EXDense
January - March
69,968.28
-
69,968.28
-
total for Draw # 2.
$2;892;333;90
-
-
..
-
-
-
Port cros~in~TI.~~hT1Pr.(lvements
Dra~~f19~~t#2 . .
f'or The Month Enc:iiri . .March 31.2007
BUDGET CATEGORY
ORIGINAL
BUDGET
SCOPE
CHANGES REAllOC.
REVISED
BUDGET
PREVIOUS
EA!J2
CURRENT
REQ!!ill
TOTAl
PAID
TO DATE
BAlANCE TO
BECOME
DUE
USES OF FUNDS
land Cost
Infrastructure Constructure
landscaping
land Clearing
Civil Engineering
Interest Expense
2,300,000.00 0.00 0.00 2,300,000.00 2,300,000.00 0.00 2,300,000.00 0.00
7,723,000.00 0.00 0.00 7,723,000.00 2,951,018.46 2,819,306.62 5,770,325.08 1,952,674.92
300,000.00 0.00 0.00 300,000.00 0.00 1,845.00 1,845.00 298,155.00
120,000.00 0.00 0.00 120,000.00 160,544.00 0.00 160,544.00 (40,544.00) ...
1,303,000.00 0.00 0.00 1,303,000.00 533,550.00 1,214.00 534,764.00 768,236.00
0.00 214,972.61 0.00 214,972.61 145,004.33 69,968.28 214,972.61 0.00
11,746,000.00 214,972.61 0.00 11,960,972.61 6,090,116.79 2,892,333.90 8,982,450.69 2,978,521.92
TOTAL USES
SOURCES OF FUNDS
TIRZ
11,746,000.00
214,972.61
0.00
11,960,972.61
6,090,116.79
2,892,333.90
8,982,450.69
2,978,521.92
TOTAL SOURCES 11,746,000.00 214,972.61 0.00 11,960,972.61 6,090,116.79 2,892,333.90 8,982,450.69 2,978,521.92
0.00
Approved By
~f/~
. ~~:!/o';
Date
Developers working on budget adjustments,
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
to
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
6. Consi~er approval or other action with regard to Change Order No.1 in the amount of
$334,7'07.40 to the Angel Brothers contract in Port Crossing Commerce Center. The change order
includes upgrades to the lift station, adding headwalls in lieu of rip rap, storm sewer pipe
adjustments, and the extension of the 12-inch water main.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
CHANGE ORDER REQUEST
REQUEST: #1 I ABE JOB NO. 0624
PROJECT TITLE: PORT CROSSING
C.R. TITLE: City of La Porte, Harris Co., and TxDOT approved changes
CONTRACTOR: Angel Brothers Enterprises, Ltd. Proiect ManaQer: Kevin Guy
PHONE: 281.421.5721 FAX: 281.421.5796
OWNER: Port Crossing Land, L.P. Proiect ManaQer: Russell Plank
PHONE: 713.578.1234 FAX: 713.734.5544
ENGINEER: Goldston Engineering, Inc. Proiect ManaQer: Jason Eckert, P.E.
PHONE: 713.977.8291 FAX: 713.977.7466
APPLICABLE SPECIFICATION SECTIONS AND DRAWING SHEETS:
Project Manual Sec. Specification Sec. DWG. SHEET NO'S
Project Manual Sec. Specification Sec. DWG. SHEET NO'S
DESCRIPTION OF PROBLEM OR QUESTION: Sketch Attached: Yes r No I
Please see the attached breakdown reflecting the requested change order amount below.
DESCRIPTION QUAN. UNIT UNIT PRICE TOTAL
Change Order Total per Attached Breakdown 1 LS $334,707.40 $334,707.40
Total Addition to Contract I $334,707.40
CHANGE IN THE PROJECT COST TO OWNER: YES .lL- AMOUNT $334.707.40 NO -
CHANGE IN THE PROJECT SCHEDULE? YES - DAYS NO -X-
Kevin Guy Kevin Guy Project Manager 3/29/2007
SIGNATURE OF CONTRACTOR REPRESENTATIVE PRINTED NAME TITLE DATE
APPROVED BY ENGINEER PRINTED NAME TITLE DATE
ACCEPTED BY OWNER PRINTED NAME TITLE DATE
-
-
Ancel Bros. SummarY of Costs - Port Crossina Chance Order #1
ORIGINAL
BID CONTRACT PLAN ADD TOTAL OVERRUN
ITEM DESCRIPTION OF WORK QUANTITY QUANTlnCHANGES QUANTITY QUAN UNIT UNIT PRICE TOTAL Totals -
Lift Station - City of La Porte ICLPI
59a LIFT STATION & APPURTENANCES 0 0 1 1 LS $252,600.00 $252,600.00 -
48 6' Dia., 25' Deep Wet Well & Cover 1 0 -1 EA $155,000.00 -$155,000.00
49 E..ctrical Control System for Lift Sta~on 1 0 -1 EA $22,000.00 -$22,000.00
50 EOlctrical SeNice Drops 1 0 -1 EA $1,100.00 -$1,100.00
51 Telephone SeNice Connect 1 0 -1 EA $300.00 -$300.00
52 6" DIP FJ 40 0 -40 LF $65.00 -$2,600.00
53 6"X6" DIP Tee 2 0 -2 EA $200.00 -$400.00 -
54 SWing Arm Check Valve 2 0 -2 EA $925.00 -$1,850.00
55 6" 900 DIP Bend 4 0 -4 EA $150.00 -$600.00
56 6" 450 DIP Bend 2 0 -2 EA $150.00 -$300.00
57 DIP to PVC Trens Piece 4 0 -4EA $200.00 -$800.00
58 Proledve Coe~ng for DIP Associated wi Lift Sta~on 130 0 -130 LF $29.00 -$3770.00
$63.880.00 $63,880.00 -
Headwalls - Harris County & CLP
14b Reinforced Concrete HeadwaHs (Wharton Weems @ Channel) 0 0 94 94 94 CY $1,000.00 $94,000.00
79d Reinforced Concrete HeadwaUs (Export Drive @ Channel) 0 0 63 63 63 CY $1,000.00 $63,000.00
79b Ril>-Rap Associated with RCS Under Export Drive t65 0 0 -165 SY $44.00 -$7 260.00 -
$149,740.00 $149,740.00
SH 146 a1 W. WeemslExDort - TxDOT
20 24" RCP Not Under Pavement 0 0 88 88 88 LF $51.50 $4,532.00
80a 18" RCP Not Under Pavement 0 0 40 40 40 LF $41.00 $1 640.00 -
$6,172.00 $6,172.00
24" RCP v. 18" RCP - Harris County
20 24" RCP Not Under Pavement 0 0 2544 2544 2544 LF $51.50 $131,016.00
80 24" RCP Not Under Pavement 0 0 386 386 386 LF $53.00 $20.458.00 -
20b 18" RCP Not Under Pavement 0 0 -2284 -2284 -2284 LF $41.00 -$93,644.00
80a 18" RCP Not Under Pavement 0 0 -316 -316 -316 LF $41.00 -$12956.00
$44,874.00 $44,874.00
Extend 12-inch Waterline to McCabe Rd.
24 Flushing Valve & Assembly 0 0 6 6 6EA $2,200.00 $13,200.00
25 12" Water Line Not Under Pavement 0 0 1500 1500 1500 LF $28.00 $42000.00
$55,200.00 $55,200.00
PrsD Work for Placement of Fill -
2 & 3 4" Stripping of organic material per Testing Lab 0 0 5338 5338 5338 CY $2.30 ~
$12,277.40 $12,277.40
Relocate Gas lina on N. end of Powell (conflict wI Utilities)- $2 564.00
TOTAL CHANGE ORDER #1 AMOUNT $334,707.40
Orioinal Contract Amount $6,327,063.10
REVISED CONTRACT TOTAL $6,661,770.50
-
-
-
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
7. Consider approval or other action with regard to Exhibit B to TIRZ development agreement with
Port Crossing and amend development agreement to reflect changes.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
Exhibit B
TIRZ Improvements
TIRZ Amended BudQet
current Cost
Estimate for
Approved TIRZ Additional scope Phase II Total
scope Pending Approval Estimated Costs Estimated Costs
Current Bid (less Export Dr.)IOriginal Contract $ 6,004,327.00
Chanae Order No.1:
Lift station Upgrades per Harris CountylLa Porte $ 63,880.00
Headwalls for Drainage Channel @ Export & Weems Crossings $ 149,740.00
storm sewer revisions @ Hwy 146/Weems Intersection per TxDOT $ 6,172.00
Increase size of storm sewer laterals from 18" to 24" per Harris County $ 44,874.00
Watermain extension @south Powell $ 55,200.00
Gas Line Relocation & Prep for FiIi Piacement $ 14,841.40
Subtotal - Change Order No.1 $ 334,707.40
Current Construction Estimated Cost @ Completion $ 6,339,034.40 $ 6,339,034.40
Additional Scope Pending Approval
Export Drive (Stabilization, Paving and Sidewalks) $ 322,776.00 $ 322,776.00
Deceleration Lane @ Weems & Hwy 146 $ 30,000.00 $ 30,000.00
Projected Phase II Scope
Powell Road Widening to Five Lanes $ 530,000.00
Wharton Weems Blvd. Widening to Five Lanes $ 200,000.00
McCabe Rd. Improvements $ 225,000.00
West M street Improvements $ 75,000.00
Off-site Sanitary Sewer Extension $ 66,000.00
Subtotal - Projected Phase II Scope $ 1,096,000.00 $ 1,096,000.00
Engineering & Contingencies
Goldston Engineering Original Contract $ 525,000.00
Goldston Engineering Change Orders (Submittal Review/Plat Revisions) $ 12,500.00
TEDSI Traffic study $ 9,500.00
Smith-Chern Soil Borings $ 36,500.00
Coastal Testing - Materials Testing $ 54,070.00
Contingencies $ 100,000.00 $ 50,000.00
Current Estimated Engineering and Contingencies $ 737,570.00 $ 50,000.00 $ 787,570.00
Engineering & Contingencies for Projected Phase II Scope $ 164,400.00 $ 164,400.00
Land Acquisition $ 2,300,000.00 $ $ 2,300,000.00
Clearing $ 120,000.00 $ 41,000.00 $ 10,000.00 $ 171,000.00
Landscaping (Phase II includes landscaping along 146) $ 300,000.00 $ 200,000.00 $ 150,000.00 $ 650,000.00
Traffic Signalization (Design & Construction) $ $ 125,00000 $ $ 125,000.00
Lift Station Power (Underground) $ $ 150,000.00 $ $ 150,000.00
TOTAL ESTIMATED COSTS: $ 9,796,604.40 $ 968,776.00 $ 1,420,400.00 $12,135,780.40
LESS: ORIGINAL APPROVED BUDGETS $ 9,784,000.00 $ 1 ,962,000.00 $11746,000.00
TOTAL AMOUNT OVER/UNDER ORIGINAL BUDGET $ 12,604.40 $ (541,600.00) $389,78040
03-08-2007 TIRZ-Revised Budget
LAPORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
~
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
8. Consiqer approval or other action with regard to pay requests for the Lakes of Fairmont Greens
TIRZ project related to off-site improvements known as the South La Porte Trunk Sewer Project.
A. Pay Request Number One.
LA PORTE REDEVEWPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston IX 77227-2167
713-541-0447 or FAX 713-541-9906
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LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
~B
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21, 2007
SUBJECT:
Agenda Item Materials
8. Consider approval or other action with regard to pay requests for the Lakes of Fairmont Greens
TIRZ project related to off-site improvements known as the South La Porte Trunk Sewer Project.
B. Pay Request Number Two.
LA PORTE REDEVELOPMENT AU11IORlTY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
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LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
8. Consiqer approval or other action with regard to pay requests for the Lakes of Fairmont Greens
TIRZ project related to off-site improvements known as the South La Porte Trunk Sewer Project.
C. Pay Request Number Three.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
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11'e~ ^~IJ a~Jorl'el La ^~IJ IAI\iOv:fi 1007. '7.7. 'A'eIA\
May. 22. 2007 9:40AM
City of LaPorte City Hall
No. 9059 P. 20
04/04/2007 09:28 FAX 2814215798
ANGKLBROS. ESTlHATING
lj004/005
WAlVERANDLEN RELEASe UPON PARTIAL PAYIIENT
lHE STATE OF TEXAS
COUNTY OF HARRIS
1ba WI8IsigDed was crnr..ted or IiNd by 65 f.s f<<te. lit. i) fiInIsh labor, and.tr miIteriaB Ii
COl1lJIildJgn" cedain ~m reel prqsly~ astilDws:
~ &gf BnJI8S ~ lit. Jab Niame: The 1........ at FIIimDt GIBM\s.. SecIon 1
Canlra:tData: tbwnbera&. 20(16 Dt-.t~<< QISIIe CM ~ D&\,aw,1Mt
PaymerE T~ tb1dmd ~ SsIIIlR Thausand awe Hurd8d SsvanlY CaIars and ~ tS2!U .510.33)
For wn PbIb.-.lSd lIIIo&9t March 31. 'JJt11
Upon I8C8ipt of tis ~ and dher good ;nI waIuaI* ca~ lit J8C8ipt II1d ~ Ii
wtIIcb.. ~~ the ~ does IEs&bJ waive anI__ .,,~ lens or.
iDarBridI.Ja" ien or d8ims d ien. ~ and ~ ien or claim 1tBefD .. the ~
.. orll8l.A.tJ has an Ite alloV8 n91Qded_ fRPII1J ....~u.em.1II &mIrid..,
Wort bni8hed or>> be furnl!thed bytbe ~Jed pmsIBJI to I1e Bllcwe menIcnBd orolherwise.
1be '1I.~lIIICI tiIB' cedied ~ wamlds iIallhel9lR Ill) mar.m rued_ic:. Or ~s in.
~ _of !he dale ,.. 1h8t all bills kmmd by I wiIh re&peet to tie "** wi b& paicI wiIhIn 10
daJs tithe ... of t\e above tnDd or 8CClIKr, a1d that tlere is no bown basis for .. _ of tnJ
all I ...I....an..~IId'Gr...........~ by iIfI perscwl orll1liCJ~dv .
lilt (Jft 1lehaIf.on the lJaC~slg(led; .., tD the exIent ~.... " ~ ... and ~+s:d does
herBby... RI......, n-.Mi'lS<< 1DIt8IfaIIa;Il's IBD tlcIIimS mien II., dbarlllCh peI8DIl or
enIIy, ......." bIemnfy IDd IdlIleCMner hamlls tam fIlft said lienarc:faim -...-Ie
~d.1II8d GOllII. ~... RIBSOllillllealbn8Y's ties.
ANGEL BROTHERS ENTERPRISES,INC.
8Y~-~
Vlce-f'n!sideAt
Tille
THE STATE Of1'E)(M
COUN1Y OF HARRIS
BEFORE ME. lbellldersl&rEd auIIaly. en 8IS lilt penIJAi!Itt ~ Kevin GIN
lcnownm me m"lie pea;on and omcerM1ose tDne IS ~>> fIB bayui.$ insfnInfd,lRI
ar.bGwlr ~ ~ me thatlleMarJdl!!lflb BneSS lit ad 811 died <<such COlI^III~ _Ie pIIpas8 d
cCh~idwc6)n fIlII8In expressed &rI! in tile capIdy lheIei\ staled.
G1VENUNOERPlfHANDANDSLOFO~~ ~dayof /JPJI'2tJ1T .
MYCOMfiISSIC>>fEXPle: co2 - 'S-~,\ ~.lrbHo~
rew~:; j
May. 22. 2007 9:40AM
City of LaPorte City Hall
No. 9059 P. 21
-
04/04/2007 09:27 FA! 2814215796
ANGEL BROS. ESTIMATING
III 1)0$/005
AFJ'IDA vrr OF
BlLLS PAID
-
STATE OF TEXAS f
COUNTY OF HARRIS i
Before me, a NotayPublic j,q and fertile SfBte ofT~ OIl ~ daypenooally ~ KAma Guy9
Vxe l'nrideat of AJIgel BmtIaen EDtmp.....,,Ltd., waD bmvD 10 mo1D be 1ho pcrsoIl making affidavit.
who, &eius by PIC duly .swam aacI cJfsposecl c&d SIIj;
I am Keria G1Q'~ V"JCe Pl'esideat 01 ABgd BrutIIcd :EIa1e~ Ltd. .And have persoAIlbawJedae
oftbe matsor st.akd in tIds affidavit. A..DJel Bndlen EJnuprises, I4cJ., has paid aD orb labor md
m~ c:ost in COI1DeC:tioo with'dse coDStrw:tiaa of ne Labs:at Fairmoat qre-~ Sedioa 1 . located in
Harris Courtf;y, Taas for 6S LaPOl1e, Ltd. and. II of1his _ there lie IlO wpaid. bills for labor P<<formM
upon. or mataiaIs or IUppHcs delivered to OEusccIln cmmcc:tion wirh such pmjcct.
This tffidavit is made iQ ~ with ft1e ltItiaI:d8 for Pa,pJIeat fl.. 0fJ.S1te paymeat UDder the contract
betwccD 6S La Porte. LId. ADpIBnthen ~ LCd. and with the Jmowtedp tlIIIt it wilt boteUed.
upm:m mafdDg srdl pa.ymcuhllld that such ~ wuuJd ClOt be made e=ept IIpCIIl tIaotndh of1he maucr..-
cantained.in the affidavit.
DAm '"\ W 01 ~-;v...~
ADFl Bl.~ Fidaprises.Ltd.
-
-
-
STATB OF TEXAS i
COUNTY OF HARRIS f
- -------
BBFORBMB, the ~ a Not=)' Pub~ ill and:tOr1lJe State of Texas, on this day pm:scmaIIy appeared,
Kevta GtIy. V'1Ce~nsIdeIlt of ADaelBnCIIen 'h..,~ Ltd. boWl! to me to be the person whose
name sabscribed M tbe Mregoiug~ aod aekDowledge to ~ that he executed the same for the
purpose aDd GODSidaation therein ~essed. -
GIVEN UNDEllMY BAND AND SEAL oF OFPICE, 1bis 4. ",,-, . day of
~?(" \ \ .A.D~2001
-
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Notmy Pub SigmI(JJr&
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LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
~,.---,
\~D
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Exe<,:utive Director
DATE:
May 21, 2007
SUBJECT:
Agenda Item Materials
8. Consider approval or other action with regard to pay requests for the Lakes of Fairmont Greens
TIRZ project related to off-site improvements known as the South La Porte Trunk Sewer Project.
D. Engineering and professional costs
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box22167
Houston IX 77227-2167
713-541-0447 or FAX 713-541-9906
I
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May. 22. 2007 9:38AM
City of LaPorte City Hall
,
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~~
GJOUR
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b:~ci:~~~i0";~!!~~':.;:.i'~.~.~~':~~~~~;~\~.~~~~j~..,~~;~\~:'J
~ Laf.lontt. Ltd.
. f>m!!I.~.al E$\ii!&& ~(l~I!tII~~
~O!'fll'!9 ~~. P.fllj~ I"alimocil: Gieent-Phlisi;: 1
~!\1;~~~:P~Ylii>,Si.t/ta"40 lIN~N~. ~
HOOSlQn. ~ .77.dfJO .
No. 9059
s~~ P~liim!ilioli aflBi1d P.lail,:ooe ~ ~lJlils, ~1iIlititW!fu relrie.;.> ~c1as,
meetings Wl'lll <i;j!y ~ ~ I?~ Snd:~i\iln"a1l'an'of Praliin Plat
Pi'~~Jo~~ lienrlces
~et.
PI$D!llgeri~ ST.:'JOO'
CDi1CE!):it. Planuing $.2;.S5O"
1a1if~~ .~.
~:~f.Y:~:--:-':'$:~~
01f~@.iie~~"lQPp' ~l'nls:~MOO
.Plal.~epr.&J~~1';~
~iI.e ConSlr..'~ ~Q$O
'Q1f~'~ ~.'C6n&rnFWgs $a,~~
Pr9jec:t:~.~ $3;:zo!l
1~lvatarMaln 'P-JP' $1~500
f!l1an RaYiewJP~iM. $2;aDQ
~f9.{i,qg~ Adinitt $3~~:P
Co"*. Sleking: ~12,6Oa
6l~!I~les
~cf C~\'!!M
.JIlljglie - IDII ealls
~
~!tn~,,~.~
AJlQUNtQ"lJE!:A;~llm~E:
;P,~r:m ,Pl'eViol/lJ
Ct\.mp'.~. ~.
~.Qq% ~.Q.~
~DO%- iQ.tJQ
N.A ;0;00...
<m . ~a.~
0%. "'$0,00
1"~ SQ,Oo,
f~ $O.oCl
'1.~' ,'Q;P~
e%' .~O..OO,
5%. $'O,oQ
'Hold, i$OJoa
t-f9Ii1. SO,OO
~id .$P,W
SubtOtal
T'hls
In~c:a
.~1,400,OO
$2~~
$9:00
$O'llO
... $iZMO:
$Q.:4.50.~
S3;730.90
. $lJ';00
S37~.~
$17jir1'S:.OO
$'.B;s '$cr.~
~?O :~OO
S9pO
~;.4q $O.OC
a at
o h~~ at
iQ ""~..
Subtotal
IT~.
N~l i3n.o.QI,f ~rll'ibl-\I1.Y*e iofOr'S~:re;at8d1P~l~~
$0,00
$'t7,875.:081
The1an'o.sl:. . .....
3CON.~~__1~"""'__ .;,............
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P. 3
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May. 22. 2007 9:38AM
~.. ,~~
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City of LaPorte City Hall
I',
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~~ Ud..
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~ N. mJiouSiOn P.aMWy e.. ,9~ 11)) InvOjCe,litd. :lIS-702
HQ\lP.lXtiOO'a
No. 9059
P. 4
~ Pre~1'fill'cA l'lf,tlSns~n~ w~a!fc-i!t!ptQVeinal1f&1 ~ ""jrr
off~~'~iY'E;~ 1O$elVe O1$l'IIJI ~
P~naJ 'SeJViCtIS
~ Qir!!l~!t~
,Cb:rn::atiNanri'ing
!-~ti~,~ AJ\ProwlS
$te'''~rylPIat
:6ff..stte ~,~'~P.O.~lS
Ptlft~:
~~~~
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~~~$~~"
1;j!;"'.....-rWn ~&P
, Pliin R8vIeWIIim~.
B1~i1~l!t: ~mil'i
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Ph~,. -tc8'caDs
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A*OC/N'1.' Q.~e: ~'rllf~ 1JME
!Jii~tat
:,!'t4!x1
~.$o-
~
s;w;'O,OQ
$9;000
,$.1_
$.M~
$37.,300.
U;2QO
$T.5tiO
$2.300:
$'3i.~,
'~12.&OO
:'p'e~.R~ p~q~
CDftip18tcl" ,SIJ~.
\~. $1.4OQ..pO
10D%'$2;$q~l!5l
NA $O.oG.
a, $0.00
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i'.~ s27.a:.rifJ
9OYo $9.~00.
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~ SCl.'OO
.HoleS $l),QO.
Subtotal
o:ar
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$,1.9.5
~SO
sa..4~
Q mBe$ ilt
S(dit6taf
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NOt~; $19.610.00 cf1hi$ lmio1eo is 'fW SaMees reli;iteict, ~ Off-S1te irripfOllelMn~
, .., . .. . ,
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$9:00,
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~:;,2.\iI},0Il
$18;650:00
$1:~~$"&JZ =:;J1'~O
~375..t'JO
$76~27..&;OO
~:D,U
$0.06
5!!.,ga
to..Q'Q
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$76,l7.5JJOf
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May. 22. 2007 9:38AM
City of LaPorte City Hall
IOD
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Fe&rtlaty 2a. ~
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A~tS ~aJII ~$ ~i~;m~t:oi1:ir*lY'
.~N~RoecI . . . f'i"tiIi!ii:l. FelnnontGree~i
~.~. ~~.<!I1II-1D~~ay E.. $Ul~ ~l1.9 ~ N~~ Q6..7ll8
1iQ.u~ :rx 71QQO
No. 9059
P. 5
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~ .eomp~ Qf lSe~:far QHite l!l)~sU1ent$ aNl-&Bnltal'y-~.~S5ig@~
~lle ~ Pfus~'Of:PJan se~ . .
P~()nal SeMc:es
Sudgilt
~ oa~~S1A'liO
~Pt Plllnrir~ $2;e!lO
~ ~A{lI]PO~ .. . :$"~ '.
~1leT.~.~J~:- ";"-:~j(lQ
Of'F.SM'.$an.~ej"IO~ ~I\)~ . ;>1l,OOO
P1*~~~falioo'$1'.&OQ.
~~S.tr, ~ :SS~:OOo
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P~SpK~k ~.~Q9:
"~~fef.Ma1!'1 t'&E1 .$7..$.0
Plan,FtwiC:wIfierrnlffi'/'IQ $2',"300-
~9iA:~~rys;. Admin ~
~J'.Istf,StiJkiRg $ta.~
,~Iij~rne,~_
~aQd.~!ller Trine,
P.nci:le" jgiJ calls
~~.
F.:P~:" O.p:t1/1e-fli~'
AMl:!\J.~ !X!EAl':rn$-'TIM.e
~1I~ Pr.eyiQ~
toi!'Jple1a Bnte4
. too~:$1.4oo;ob
1'Q0!'A; $i;~:b~
NA. .~.'60.
"~ .so.OO$O,oo
O~ lO..OIl .$0.00 .
BS~ l1\~.o.o.. .S\.~~
1'Q.O% .$~:roo.OO: ee.300.pQ
100% '~3:sq.~ ~4~920.00
8OCff; $~,~.QQ ~:.clC!.
1Qa,%- $6,151);00 $~O
:FIold SO-PQ.
fitlld $0.00.
HOld so,oo
s~~
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(), hOllI1l ~
$1~
S5;~tl
$Q.,4(f
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suaiotat
lT~.
N~: S14;SS7..se'oflttis mv.oica l&:~o$- ~!~ felated ~ o.B-Siie tmpfO.~merits
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:$135~19 .
~8!l,191
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"""'" R. """"""",AY8l1l1i1. $"UIl91CQ, 'CJ;IJl;oS. 'I'X 752lJ!!' 2'l~1l)~1!
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May. 22, 2007 9:38AM' City of LaPorte City Hall
,'"
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Design
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No. 9059
P. 6
May. 22. 2007 9:38AM
City of LaPorte City HalJ
Ion
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No. 9059
~rvia!~ Pi8paraliOlfof",~:~ied:ilcawm~iOr (:~ QUbmi~1011o 'Plan: ~,~a..for lii~fuJ'
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P. 7
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May. 22. 2007 9: 39AM
City of LaPorte City Hall
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. lon,
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No. 9059
P. 8
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Ma y. 22. 2007 9: 39AM
City of LaPorte City Hall
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No. 9059
SaNi08$: p;~~ or jjl)Sl~.,led <l1ll'oilln'1J9 fOe Cif)r sllb.rili$!;l9n. plan t!~ ~ Cor bii1din~
PJOf8Ssicll1al.~ICle$
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~ S1.;~.Q&
Holit sQ.oO
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P. 9
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
May. 22. 2007 9:39AM
City of LaPorte City Hall
8M HUTCHISON & ASSOCIA-TES
1209 Decker Drive, Suite 100
. '. BaytO~ 'IX 77520
1(281)422-8213.oleo
(281 )420-2717 fax.
Ion Design Group
-2&00 N. Henderson Ave., Studio 100
Dallas; 'IX 75206
-Attn: Bryan Klein
INVOICE
Contract for: 5353 Lakes at FaiImont G.reens; Construction AdmiDistration & Plat ~ 2191
-Smvey Boundaty &. Topa
Professional Services
-)lrsife SeNlCea
:>ns1te Construdian AdmInIstration
Plat Fea
....qoulidary & Topo Survey
:onstrUction Staking
$aJes Tax on Boundary
RelmbwseabJe
-Record ,Research $107.71 x 1.1
Pre! Review Fee $410.00 x 1.1
"'8~ 8em.
Offsite construction Administration
:Boundaly & Tope Survey
Payment Terms: Net 30 .
Fee
$.16.615.00
", 2,000.00
$ 20,000.00
$12.500,00
$ 269.78
$ 118.48
$ 451.00
$13,385.00
$ 9,000.00
% Complet6 Fee Earned
0.00% $
50.00% '$ 1.000.00
15.00% $ 3,000.00
0.00t;{. $
100.00% $ 289.78
Prior Billing
$ .
$
$
$
$
100.00% $ 11a48 $
1 OO.OO~ $ 451.00 $
Onslte Services
0.00% $ $'
15.00% $ 1,350.00 $
Offsile selvices
TOTAL INVOJ.CE AMOUNT
No.9059 P,10
.pate,
113)()6
Invoice Number
14711
Cunent Fea ~.
$'
$ 1,000.00
$ 3,000.00
$
$ 259.78
$ 118.48
$ 451.00
$ 4,839.26
$
$ 1,350.00
$ 1,350.00
$ .6.189.26
May. 22, 2007 9: 39AM
City of LaPorte City Hall
No, 9059 p, 11
-
-
"HUTCHISON & ASSOCIATES
~ 1209 Decker Drlv~ Suite 100 .
, BaytoWD, TX 77520
. (281)422--8213 voice
(281)420-2717 fax
Ion Design QtoUp
2800N. Henderson Ave., Studio 100.
D~ TX 75206
Attn: Bryan Klein
Con1ract for: 5353 Lakes at Fainnont Greens; Const:rnction Anmirdstration & Plat ~ 2791
Survey Bt>undcnj It Topo .
Professi~nal Services
ServiCe
OnsUe Services .
On$Jl:8 COns1nJction Administration
Plat Fee
Boundarj & Topo Survey
eoriStruCtiOn StBkIilg .
Sam Tax on Boundary
ReimburseSbIe
ReCord R~ $107.71 x 1.1
Pre( Review Fee $410.00 x 1.1
Record Research $463.58 X 1,1
Off8_ Services
offsJte Construction AdmfnIstraflon
,. BoundiuY & Topa Survey :
Payment Terms: Net 30
-
-
-
INVOICE
-
Date
3/15106
-
Involce Number
14768
-
-
-
Fee % Complete 'Fee Eamed Prior BiDing CUrrent Fee
'f 16,615.00 0.00% $ $ $
$ 2.090.00 50.00% $ 1,000.00 $ 1,000.00 $
$ 20,000.00 70.00% $ 11,300.00 $ 3,000.00 $ 8,300.00
$1~500.00 0.00% J $ $
$ 269.78 ,.100.00% $ ~.78 $ 269.78 $
-
-
$ 118.48
$ 451.00
$ 509.93
100.00% $ 118.48 $ 118.48 $
100.00% $ 451.00 $ 451.00 $ -
100.00% $ 509.93 $ $ 509.93
Onsite Service5 $ 8.809.93
-
0.00%' $ $ $
100.00% $ 9,000.00 $ 1.350.00. $, 7,eso.OO' -
Offslta Services $ 7,65o.DO
$ 13.365.00
$ 9.000.00
TOTAL INVOICE AMOUNT
.$ 16,459.93
-
-
-
-
May. 22. 2007 9: 39AM
City of LaPorte City Hall
No, 9059 p, 12
:'B' " HUTCHISON & ASSOCIATES
N- J 1209 Decker Drive. Scite 100
BaytoWD. 'IX 775~O
. :: . (281)422-8213 voice
(2g1)420-2717~
INVOICE,
Ion De9ign Group .
- 2800 N. Hendersoo.Ave'7 Studio 100
Dallas. 'IX 75206
Attn: Bryan Klein
Dm
4128106
Ia~-oiee Number
14819
Con.tract for. 5353 Lakes at Fainnont Greens; Con.s1:rl1ction Administration. & Plat -2791
Survey Boundary & Topo
Professional Services
._ Onsite Sarvlces. - Fee % eompleta Fea Earned Prior BlUing Current Fee
Onslte Construction Administration $16,615.00 15.00% $ 2,49-2.25 $ '$ 2,4S2.25
Plat F.='ee $ .2,QOO.OO 50.00% $ 1,000.00 $. 1,000.00 $
BoUndary & Tope S1.irvey $ 20,000.00 . 57.00% $ 11,300_00 . $ 11,300.00. $ ;..
- Construction staking $12.500.00 0.00% $ $ $.
Sales Tax on Boundary $ .269~78 100.00% $ 269.78 $ 269.78 $
Relrnburseable
-. RacoraRMearoh$107.T1 x 1.1 $ 118.48 , 100J>O%- $ . 118-.48 . $ 118.48 $
PreI RevlewFee $410.00 x 1.1 $ 4S1.00 100.00% $ 451.00 $' 451.00 $
Record, Research $463.68 x 1.1 $ 509.93 100.00'YD $ 509.~' $ 509.93 " $
Postage & Delivery $10.12.x 1:1 $ 11.13 . 100~Q%' $ . 11.13 $ $ 11.13
- Plat RevIew Fee $150.00 x 1.1 $ 185.00 100.00% $ 165.00 $ $ 165.00
Onsita Services $ 2.668.38
-Offsite Servicu
Offi;ite ConStruction Admlnlstratlon
Boundary & Tope SWVEJY
$1:3.385.00
$ 9.000.00.
15.00% $,2,007.75' $
100.00% $ 9.000.00 $
Offslte Sarv'ces
$'
9.000.00 $
$
2.007.75
:"
2.Q07.75 _
TOTAL INVOICE AMOUNT
$
4~676.13
?aymellt TermS: tiet 30
May. 22, 2007 9:39AM
City of LaPorte City Hall
No. 9059 p, 13
-
-
BtI HUTCHISON & ASSOCIATES
:. --: I" 1209DeckerDriv~ Suite 100
, Baytown, TX 77520
,,': (ZSl)422-8213 voice
. (281 )420-2717 ~
Ion DeSign. Group
2800N. HeodersonAve., Studio 100
Da11as~ TX 75206
A.ttn: Bryan Klein
Con1Iaot for: 5353 Lakes at Fairmont Gree:llSi Construction Administration &. Plat - 2791
SUrvey Boundary &. Topo
Prafessionid Services
OJl$ite S&IV1oes
Onslte Construction Administration
Plat Fae
Boundary & Topa $urvey
qonstructlon Staking
Sales Tax on Boundary
Reimburseable
Record Rasearch $101.11 x 1.1
. Prel Review Fee $410.00 x 1.1
Record Research $463.58 x 1.1
Posfag& '" D~Hvery $1 O.12.x 1.1
Plat ~iew Fee $150.00 x 1.1
OfrSite, Services
Offsita Construction Admlnfstrci.t1on
Boundary & Tope Survey
Paymel1t T6r1T1$: Net 30
-
-
-
INVOICE
~
SI'l2I06
-
-
lnvoiee. Nnmbe~
14851
-
-
Fee
$16,615.00
$ 2,,000.00
$ 20,000.00
$12,600.00
$ 269.78
%, Complete, Fee Earned
30.00% , $" 4,984.50
50.00% $ 1,000.00
57.00% $ 11.300.00
0.00% $
100.00%. $ ~69.78
Prior Biliing
$ 2.492.25,
$ 1,000.00
$ 11.300.00
$ ,
$ 259.78
Current Fee
$ 2,492.25
$
$
$
$
-
-
$ ne.48 1 OO~(JO% s- 11SA8 $ 118:4& $
$ 451.00 100.00% $ 451.00 $ 451.00 $'
$ 50~.93 100.00% $ 509.93 $ 50$.93 $
$ 11.13 100.00% $ 11.13' $ 11.1$ $
$ 165.00 100.00% $' 165.00 $' 165.00 $
Onslte Services $
-
-
2,492.25
-
-
~ 13,385.00
$ 9,000.00
30.00% $' 4.015.50 $, ,2,007.75 $
100.00% S', 9,000.00 $ 9.000.00" $
Offsite Services $
2,007.75
, 2,007;75,
-
TOTAL iNVOICE AMOUNT
~:5DO.OO
$
-
-
-
-
May. 22. 2007 9:39AM
City of LaPorte City Hall
BO' 0 " HUTCHISON & ASSOCIATES
; '11: I" 1209 Decker Drive. Suite 1 00
_ 0 - Baytown, 1X 77520 .
: i (281)422-8213 voWe
.- - (281)420-.2717 fux
INVOICE
Ion Design Group
-2800 N. Henderson Ave., Studio 100
Dallas, T.X 75206
A.ttn: B1yan Klein
COJJiract for: 5353 Lakes at Fairmont Greens; Construction Administration. ~ Plat - 2791
Sm:vey BcnmCWy & Topo .
TOTAL INVOICE AMOUNT
Pay~ent Terms: Nat30
'.
No. 9059 p, 14
>>m
10/3105
Invoice Number
14979
$ , 8,409.40
g
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
AGENDA MEMORANDUM
TO: La Porte Redevelopment Authority Board of Directors
FROM: Executive Director
DATE: May 21,2007
SUBJECT: Agenda Item Materials
9. Consider approval or other action with regard to an agreement by and between the City of
La Porte, Texas, and the La Porte Redevelopment Authority for the management of the
La Porte Public Improvement District Number One.
LA PORTE REDEVELOPMENT AUTHORITY
c/o Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
AGREEMENT BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS, AND
LA PORTE REDEVELOPMENT AUTHORITY
THE STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
KNOW ALL MEN BY THESE PRESENTS:
This agreement (the "Agreement") is made by and between the CITY OF LA PORTE,
TEXAS, a municipal corporation and a home-rule city of the State of Texas (the "City"), and the
LA PORTE REDEVELOPMENT AUTHORITY, a local government corporation created and
organized under the provisions of the Texas Transportation Corporation Act, Chapter 431,
Subchapter D, Transportation Code and existing under the laws of the State of Texas (the
"Authority").
WITNESSETH:
WHEREAS, by City of La Porte Resolution No. 2007-02 authorized and established The
Lakes of Fairmont Greens Public Improvement District (the "District") under the provisions of
Chapter 372, Texas Local Government Code; and
WHE-REAS, by City of La Porte Ordinance No. 2000-2457 approvedorrthe-Uth day of
December, 2000, the City authorized the creation of the Authority pursuant to the provisions of
SubchapterD of Chapter431, Texas Transportation Code and Chapter 394, Texas Local
Government Code to aid, assist, and act on behalf of the City in the performance of the City's
governmental functions relating to the management and administration of the PID; and
WHEREAS, it is necessary for the City to use the Assessments collected for the purpose
of carrying out and completing the services and improvements proposed in the Service Plan; and
WHEREAS, the City desires for the Authority to aid and assist the City in collecting
Assessments against benefited properties and in carrying out and completing the services and
improvements proposed in the Service Plan; and
HOU:2680299 _1
WHEREAS, Chapter 372, Texas Local Government Code authorizes the City to enter
into a contract with the Authority for the purposes of providing management for and completing
and providing the services and improvements set forth in the Service Plan and otherwise
performing the functions set forth in this Agreement; and
WHEREAS, the City desires to contract with the Authority to provide these services
during the term of the Service Plan, and
WHEREAS, the Authority was created to aid and assist the City in the manner set forth
above, and the board of directors is willing to enter into a contract with the City setting forth the
duties and responsibilities of the Authority and the City;
NOW, THEREFORE, for and in consideration of the pretnlses and the mutual
covenants and agreements herein contained, it is agreed as follows:
I.
Deimitions
"Agreement" shall mean this Agreement and all attachments, between the City and the
Authority .
"Annual Service Plan" shall mean the Services to be provided pursuant to the Service
Plan on an annual basis as set forth in the PID' s annual budget as approved by the City Council
of the City.
"Assessments" shall mean the special assessments levied by the City Council on the
property in the PID that will be benefited by the Services to pay the cost of the Services.
"Assessment Plan" or "Plan of Assessment" shall mean the plan and method the City
uses in determining how Assessments should be levied against benefited properties in the PID in
order to pay the costs and expenses of implementing the Service Plan.
2
HOU:2680299.l
-
-
-
-
-
-
-
-
-
-
-
-
-
-
"Assessment Revenue" shall mean the Assessments, any earnings or profits realized from
investing and re-investing the Assessments, and penalties and interest on collections of the
Assessments.
"Assessment Roll" shall mean the roll or listing of benefited properties in the PID that
will be assessed for the cost of the Services to be provided by the PID in the Service Plan
including a list of the amount assessed against each property, the description of each property,
and the owner of each property.
"Budget" shall mean an annual Budget of the Authority to be accomplished with.
Assessment Revenue pursuant to the Service Plan. A Budget must be reviewed and approved by
the board of directors of the Authority and the City Council of the City.
"Director" shall mean the City Manager of the City of La Porte, or his or her successor or
such other person designated by the Director to perform his duties hereunder.
"Pill" shall mean the La Porte Public Improvement District No.1 created by the City.
"Service Plan" shall mean the ongoing service plan setting forth the Services to be
provided by the PID over a period of five (5) years as approved by the Counci.l offueCity.
"Services" shall mean the services and improvements to be provided by the PID pursuant
to the Service Plan.
II.
Enl!al!cment of Authority
The City hereby engages the Authority, and the Authority hereby agrees to provide,
furnish, or perform the services to be provided for the City with respect to the Pill pursuant to
this Agreement.
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ScoDe of Services bv Authority
The services provided, furnished, or performed by the Authority for the management and
administration of the PID and its annual or ongoing Services shall be set forth in the Service Plan
and each Annual Service Plan of the PID and the Budgets of the Authority. The Services shall
consist of the following:
A. Services Relating: to the Service Plan.
1. The Authority will assist the City in implementing the Service Plan and in
preparing Annual Service Plans to be recommended annually to the City
Council.
HOU:2680299.l
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III.
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Supplemental services for all the area of the PID are as follows:
(i) [Insert information from Service Plan];
(ii) [Insert information from Service Plan];
(iii) [Insert information from Service Plan]; and
(iv) [msert iriformation from Service Plan].
3. Proposed improvements for the area of the PID are as follows:
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B.
(i) [Insert information from Service Plan]; and
(ii) [Insert information from Service Plan].
Services Relating to the Levy and Collection of Assessments.
1. The Authority shall adjust and prepare the Assessment Plan as needed and
recommend it to the City;
The Authority will assist the City in collection of the Assessments to be
deposited to the credit of a special fund in the name of the Pill at the City
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depository. Assessment Revenues on deposit in this special fund will be
paid by the City to the Authority as provided in Article V.
C. Management Program. The Authority shall perform the following administrative
and management services for operation of the PID:
1. Provide the staff and administrative services that are necessary to manage
the Pill and to provide or supervise the Services provided by the PID;
2. Provide management, financial; and program monitoring systems for
operation of the PID;
3. Provide required reports to the City concerning operation of the PID;
4. Recruit, hire, pay, and supervise the work force that the Authority will
utilize to furnish Services in the Pill;
5. Provide office space for the Authority's administrative and management
personnel and an operations center for the Authority's employees and
equipment, if necessary;
6. Provide staff to particIpate in private or public meetings concerrung
operation of the PID;
7. Provide liaison between the Pill, the City, PID property owners, and other
interested persons and groups to ensure successful operation of the PID;
8. Supervise and monitor the performance of subcontractors who are
employed by the Authority;
9. Provide assistance to the City Planning Department concerning use of the
Pill to complement area planning proposals and projects;
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D. Public Safety and Maintenance Program. The Authority will provide, to the best
of its ability, services to make the territory of the PID safe, clean and comfortable.
E. Planning, Design, and Streetscape Improvements. The Authority will endeavor to
make the PID a user-friendly and enjoyable people-oriented place that is thriving with businesses
and attractions.
F. Marketing and Public Relations. The Authority shall establish a marketing and
public relations program to:
r- . [Insert marketitig fn:formationfrom ServIce Plan];
2. [Insert marketing information from Service Plan]; and
3. [Insert marketing information from Service Plan];
G. Subcontractors. The Authority may provide the services required by this
Agreement through staff, subcontractors and/or consultants.
IV.
10.
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Assist the City in briefing developers and property owners concerning
proposed activities and projects that would complement private
development activities in the Pill;
Function as the information/complaint center for all matters relating to
operation of the PID and advise the City in a timely manner of any
problems with City-owned equipment or facilities in the Pill; and
Provide insurance as provided in Article XIII.
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The City's Duties and Responsibilities
A. Duties of City. Subject to the provisions of Section N.D. hereof, the City agrees
to maintain the existing level of services that the City currently provides in the PID subject to the
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provision of funds for these services in the City budget. The City shall also:
1. Consider the promulgation of rules and regulations pertaining to the use of
the public space in the Pill after receiving the Authority's advice and
assistance;
2. Provide for delinquent Assessments to bear interest and be subject to the
penalties set forth in the Texas Tax Code;
3. Review and, if satisfactory, approve an annual report of delinquent
property Assessments and liens thereon to be filed in the Harris County
Clerk's office; and,
4. Upon the request of the Authority, the City will pursue the collection of
delinquent Assessments.
B. Special City Account. The City has established a separate PID fund in the City
treasury into which Assessment Revenue shall be deposited (the "Special City Account").
During the term of this Agreement, Assessment Revenue shall be paid only to the Authority as
nermiiprovided; nowever,-tlle Citymayretain-a~p-ortlOn- of the annuaI-Assessment Revenues-to.-
pay its actual cost of administering the Pill and performing its services under this Agreement;
such actual cost to be limited to the actual salary cost of the individuals performing the service
plus a reasonable overhead factor times the number of hours worked performing the service plus
any out-of-pocket expenses.
C. Limitation of Source of Payment. The City shall have no financial obligation to
the Authority other than as provided in this Agreement or in other agreements between the City
and the Authority. The City's obligation to the Authority under the Agreement is limited to the
Assessment Revenue collected by the City. This Agreement shall create no obligation on the
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City that is payable from taxes or other moneys of the City other than the Assessment Revenue
collected by the City.
D. Allocated Funds~ Limitation of City's Duties. The City's duty to pay money to
the Authority for any purpose under this Agreement is limited in its entirety by the provisions of
this Article. The fee herein provided for shall be the entire and complete compensation of
Authority for its Services and expenses in connection herewith. The Authority recognizes that
under certain provisions of the Charter of the City of La Porte and Article IX, Section 5, of the
Texas Constitution, the City may not obligate itself by contract to an extent in excess of an
amount theretofore appropriated thereto by the City Council. The Authority further recognizes
that no appropriation has been made for the purposes of this Agreement or the City services
herein described for City fiscal year 2006-2007 or for any other fiscal year during the term of
this Agreement and that the obligation of the City hereunder is subject to future appropriation in
connection with the City's budgets for future years by the City Council in its sole discretion.
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Unless and until the City Council sees fit to make an appropriation or appropriations for such
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the subject matter hereof, can and will be limited to the total amount appropriated.
v.
City Payment to Authority
Subject to the availability of funds in the Special City Account, the City will pay the
Authority, not later than the first business day of each July in which a current, approved Budget
is in effect for the Authority, all moneys then available in the Special City Account, subject to
the retention by the City of administrative costs pursuant to Article IV, Section B, hereof
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provided, however, that the City shall never be obligated to pay to the Authority an amount that
exceeds the amount of the approved Budget for the then-current fiscal year.
A quarterly accounting of expenditures and revenues of the Authority, including its
operating statements and balance sheets, shall be submitted to the Director by the forty-fifth
(45th) day of the quarter following such expenditure or receipt of revenue (the "Accounting").
The City's review of the Accounting shall be limited to determining whether the expenditures are
(i) authorized by the Budget and (ii) consistent with the terms of the contract pursuant to which
they were incurred, and not a review to determine whether the Authority Board properly
exercised its discretion in making the expenditure.
VI.
Bude;et. Accountine;. and Audits
A. Books and Records. During the term of this Agreement, the Authority will
prepare and submit to the City, by April 1 of each year (or, for the current fiscal year, the date of
the final execution of this Agreement) during the term of this Agreement, its annual Budget
~ setting forth the Aullionfy's proposed expenditures during the ensUing.fiscaIyeaI~toHaccompITsh -~.-
the Annual Service Plan which will include the Authority's administrative costs incurred in
connection with providing services under this Agreement. Administrative costs may inClude
reasonable employee salaries, travel, insurance, and other benefits expenses. The annual Budget
shall also disclose the amount of all revenues available to the Authority for purposes of funding
the Services and expenses outlined in the Service Plan and is subject to the review and approval
of City Council. The Authority may amend (increase, decrease, or adjust) its Budget but must
advise the Director of such Budget amendments; provided, however, that Budget amendments
which involve an increase, decrease, or adjustment of $75,000 or more must be approved by City
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Council. In the event that the City Council fails or refuses to approve the proposed budget of the
Authority for the ensuing year by July 1 of that year, the Authority may continue to operate on
the Budget for the previous fiscal year for a period not to exceed six (6) months. If, at the end of
that period no budget has been approved by City Council, either the City or the Authority may
terminate this Agreement as provided in Article XXIII hereof. Termination of this Agreement
shall constitute the sole remedy of the parties under this circumstance.
By its approval of this Agreement, City Council hereby approves the Authority's 2007-
2008 Budget which is attached hereto as Exhibit "A" and incorporated herein for all purposes.
B. Accounts, Records, and Accounting Reports. The Authority will maintain books
of records and accounts in which full, true, and proper entries will be made on all dealings,
transactions, business, and matters which in any way affect or pertain to the operation of the PID,
and the allocation and application of the Assessment Revenue. All such records shall be
maintained in accordance with generally-accepted accounting principles and shall be clearly
identified and readily accessible. The Authority shall provide free access to such books and
~ .. records, ai ail tinies, to the City or. lis ~ representatIves in order that they may examIne. arid audit- -~ ..
the same and make copIes thereof. The Authority shall further allow the City and its
representatives to make inspections of all work data, documents, proceedings, and activities
related to this Agreement. Such right of access and audit shall continue for a period of three (3)
years from the date of final payment under this Agreement. The Authority will operate on the
basis of a fiscal year which begins October 1 of each year.
C. Audit. At the end of each fiscal year (beginning with the fiscal year or fraction
thereof during which this Agreement is executed) the Authority will have an audit prepared by
an independent Certified Public Accountant for that fiscal year which shall be submitted to the
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Authority and the City within ninety (90) days after the end of the fiscal year. The Authority
shall furnish copies of such audit without cost to the City.
D. Authority Depository. The Authority shall have an account into which all
payments made by the City pursuant to Article IV of this Agreement shall be deposited. Any
moneys received from investing and reinvesting the moneys paid by the City to the Authority
shall remain in this fund until used by the Authority for one of the purposes permitted by this
Agreement, and may be commingled with other moneys of the Authority; provided, however,
that these funds shall be accounted for separately. Moneys in this Authority account may be
invested and reinvested by the Authority only in investments which would be eligible for
investment by the City pursuant to the previsions of the Public Funds Investment Act (Chapter
2256, Texas Government Code). Funds on deposit in this account will be secured by the
depository bank in the same manner as City funds are required to be secured at the City
depository and in accordance with applicable Federal tax laws and Internal Revenue Service
regulations.
VII.
Public Convenience and Safety
A. Observance of City Ordinances. The Authority shall observe City ordinances
relating to obstructing streets, keeping alleys or other rights-of-way open and protecting same,
and shall obey all laws and City ordinances controlling or limiting those engaged in the work.
B. Performance of Duties. The Authority shall perform its duties in a manner that
will cause the least inconvenience and annoyance to the general public and the property owners,
and will exercise every necessary precaution for the safety of the property and the protection of
any and all persons and property located adjacent to or malting passage through said property.
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VIII.
Right of Ownership
All permanent public facilities and equipment owned by City within the PID shall remain
property of City, and such property shall not be disposed of by the Authority. All property and
improvements purchased by the Authority shall be the property of the Authority and shall be
maintained by the Authority throughout the term of this Agreement. Upon termination of this
Agreement, title to all such Authority property shall immediately vest in the City without the
need for further action on the part of the City. The Authority shall provide an up-to-date
inventory of all of its property and improvements as an attachment to its annual budget.
IX.
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X.
City Not Liable For Delav
It is expressly agreed that in no event shall the City be liable or responsible to the
Authority or any other person for or on account of, any stoppage or delay in the work herein
provided for by injunction or other legal or equitable proceedings, or from or by or on account of
any delay for any cause over which the City has no control.
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XI.
INDEMNITY AND RELEASE
A. INDEMNITY FOR PERSONAL INJURIES. THE AUTHORITY COVENANTS
AND AGREES TO, AND DOES HEREBY, DEFEND, INDEMNIFY AND HOLD THE CITY
AND ITS OFFICERS AND EMPLOYEES (THE "INDEMNIFIED PERSONS"), HARMLESS
FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND
INTEREST) FOR INmRY, DEATH, DAMAGE OR LOSS INmRIES, INCLUDING DEATH,
TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL
TO ANY PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, THOSE CAUSED BY;
1. THE AUTHORITY'S AND/OR THE AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, CONTRACTORS, OR SUBCONTRACTORS
OF THE AUTHORITY (COLLECTIVELY REFERRED TO IN
NUMBEREDP.A:RAGRAPfIs 1-3, AS "THE "AUTHORITY") ACTUAL
OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR
OMISSION
2. THE INDEMNIFIED PERSONS' AND THE AUTHORITY'S ACTUAL
OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER THE
AUTHORITY IS IMMUNE FROM LIABILITY OR NOT; AND
3. THE INDEMNIFIED PERSONS' AND THE AUTHORITY'S ACTUAL
OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT
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STATUTORY LIABILITY, WHETHER THE AUTHORITY IS
IMMUNE FROM LIABILITY OR NOT.
THE AUTHORITY SHALL DEFEND, INDEMNIFY, AND HOLD THE INDEMNIFIED
PERSONS HARMLESS DURING THE TERM OF THIS AGREEMENT AND FOR FOUR
YEARS AFTER THE AGREEMENT TERMINATES. THE AUTHORITY'S
INDEMNIFICATION IS LIMITED TO $500,000 PER OCCURRENCE. THE AUTHORITY
SHALL NOT INDEMNIFY THE INDEMNIFIED PERSONS FOR THE INDEMNIFIED
PERSONS' SOLE NEGLIGENCE.
B. INDEMNITY TO CITY PROPERTY. AUTHORITY SHALL LIKEWISE
INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY
AND ALL ACTS OR OMISSIONS OF AUTHORITY, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES.
C. RELEASE. THE AUTHORITY AGREES TO AND SHALL RELEASE THE
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- INDEMNIFIED PERSONS FROM ALL UABItffYFOR tN.fDRY-,-DEATII,DAMAGE, OR
LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY,
DEATH, DAMAGE, OR LOSS IS CAUSED BY THE INDEMNIFIED PERSONS' SOLE OR
CONCURRENT NEGLIGENCE.
D. CONTRACTORS. THE AUTHORITY SHALL REQUIRE ALL
CONTRACTORS ENGAGED BY IT TO CONSTRUCT PROJECTS (AND THEIR
SUBCONTRACTORS) TO RELEASE AND INDEMNIFY THE INDEMNIFIED PERSONS
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TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS
RELEASE OF AND INDEMNITY TO THE INDEMNIFIED PERSONS HEREUNDER.
E. Indemnification Procedures.
1. Notice of Claims. If the Indemnified Persons or the Authority receives
notice of any claim or circumstances that could give rise to an indemnified
loss, the receiving party shall give written notice to the other party within
10 days. The notice must include the following:
a. A description of the indemnification event in reasonable detail;
b. The basis on which indemnification may be due; and
c. The anticipated amount of the indemnified loss.
This notice does not estop or prevent the Indemnified Persons from later asserting a
different basis for indemnification or a different amount of indemnified loss than that indicated
in the initial notice. If the Indemnified Persons do not provide this notice within the 10 day
period, they do not waive any right to indemnification except to the extent that the Authority is
prejudiced, suffers loss, oimcursexp-ense- because of the delay.
2. Defense of Claims.
a. Assumption of Defense. The Authority may assume the defense of
the claim at its own expense with counsel chosen by it that is
reasonably satisfactory to the Indemnified Persons. The Authority
shall then control the defense and any negotiations to settle the
claim. Within 10 days after receiving written notice of the
indemnification request, the Authority must advise the Indemnified
Persons as to whether or not it will defend the claim. If the
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F.
Authority does not assume the defense, the Indemnified Persons
shall assume and control the defense, and all defense expenses
constitute an indemnification loss.
b. Continued Participation. If the Authority elects to defend the
claim, the Indemnified Persons may retain separate counsel at their
own expense to participate in (but not control) the defense and to
participate in (but not control) any settlement negotiations. The
Authority may settle the claim without the consent or agreement of
the Indemnified Persons, unless the settlement (i) would result in
injunctive relief or other equitable remedies or otherwise require
the Indemnified Persons to comply with restrictions or limitations
that adversely affect the Indemnified Persons; (ii) would require
the Indemnified Persons to pay amounts that the Authority does
not fund in full; or (iii) would not result in the Indemnified
.PersoIls' full and complete release from allliabilltY to-fueplamtlffs-n
or claimants who are parties to or otherwise bound by the
settlement.
Insurance Requirements. Insurance coverage specified herein constitutes the
minimum requirements and said requirements shall in no way lessen or limit the liability of the
Authority under the terms of this Agreement. The Authority shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its own judgment,
may be necessary in connection with its performance of its obligations under this Agreement.
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G. Subordinate Obligation. The obligations of the Authority imposed by this Article
are subordinate to the Authority's obligation to pay the principal of and interest on bonds and
notes, if any.
H. Payment from Assessments. All costs or obligations of the Authority imposed by
this Article may be paid from proceeds from insurance or, to the extent provided by law,
Assessments.
XII.
Indeuendent Contractor
It is expressly understood and agreed that the Authority shall perform all work and
Services described herein as an independent contractor and not as an officer, agent, servant, or
employee of the City; that except as herein provided, the Authority shall have exclusive control
of and the exclusive right to control the details of the Services and work performed hereunder,
and all persons performing the same; and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors, and subcontractors; that the doctrine of respondeat
. supenor sIiaJTnot apply asbetweeIl CitY ailu.fue AuthontY, itii~officers,-agents, -employees,
contractors, and subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between City and the Authority. No person performing any of the
work and Services described hereunder shall be considered an officer, agent, servant, or
employee of the City.
XIll.
Insurance
The Authority shall obtain and maintain insurance coverage continuously during the term
of this Agreement, and the Authority shall contract with each contractor engaged by it hereunder
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to maintain (and to cause each of its subcontractors to maintain) insurance coverage during the
term of its contract, in each case in accordance with the terms of this Article through any
combination of primary and excess coverage and, in the case of "claims made" coverage, for an
additional two years thereafter.
A. Risks and Limits of Liability. The insurance required by this Article shall insure
against the following risks in at least the following amounts:
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Coverage
Workers' Compensation
Limit of Liability
Statutory
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Employer's Liability
Bodily Injury by Accident $1 00,000 (each accident)
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Bodily Injury by disease $500,000 (policy limit)
Bodily Injury by Disease $100,000 ( each employee)
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Commercial General Liability:
Including Broad Form
Coverage, Contractual Liability,
Bodily and Personal Injury, and
Completed Operations (for a
period of one year after
completion of work)
Bodily Injury and Property Damage, Combined
Limits of $500,000 each Occurrence and $1,000,000
Aggregate
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(for vehicles used in performing
under this Agreement, including
Employer's Non-Ownership and
Hired Auto Coverage)
$-s-OO;-OOOCombmedSingIe Imui per-Occurrence-
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Professional Liability Coverage
(for professional service
contract only)
$500,000 per occurrence
$1,000,000 aggregate
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Defense costs are excluded from the face amount of the policy.
Aggregate Limits are per 12-month policy period unless otherwise indicated.
If the amount of any contract awarded by the Authority to construct a particular project shall
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exceed $1,000,000, the Authority shall contract with the contractor to maintain Commercial
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General Liability coverage for at least twice the combined minimum limits specified above.
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B. Form of Policies. The Director may approve the form of the insurance policies,
but nothing the Director does or fails to do relieves the Authority of its obligation to provide the
required coverage under this Agreement. The actions or inactions of the Director do not waive
the City's rights under this Agreement.
C. Issuers of Policies. The issuer of each policy shall have a certificate of authority
to transact insurance business in Texas or a Best's rating of at least B+ and a Best's Financial
Size Category of Class VI or better, according to the most current edition of Best's Key Rating
Guide, Property-Casualty United States.
D. Insured Parties. Each policy, except those for Workers' Compensation,
Employer's Liability, and Professional Liability, must name the City (and its officers, agents,
and employees) as additional insured parties on the original policy and all renewals or
replacements.
E. Deductibles. The Authority shall be responsible for and bear (or shall contract
with each applicable contractor to bear and assume) any claims or losses to the extent of any
deauctlt)[c aIDountsand waives {andshallconiracCWith each contractor to waEre)any Clallii it ------ _~u_
may have for the same against the City, its officers, agents, or employees.
F. Cancellation. Each policy must state that it may not be canceled, materially
modified, or nonrenewed unless the insurance company gives the Director 30 days' advance
written notice. The Authority shall (and shall contract with each contractor to) give written
notice to the Director within five days of the date can which total claims by any party against
such person reduce the aggregate amount of coverage below the amounts required by this
Agreement. In the alternative, the policy may contain an endorsement establishing a policy
aggregate for the particular project or location subject to this Agreement.
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G. Subrogation. Each policy must contain an endorsement to the effect that the
issuer waives any claim or right of subrogation to recover against the City, its officers, agents, or
employees.
H. Primary Insurance Endorsement. Each policy, except Workers' Compensation
and Professional Liability (if any), must contain an endorsement that the policy is primary to any
other insurance available to the additional insured with respect to claims arising under this
Agreement.
I. Liability for Premium. The Authority shall pay, from Assessments or other
available funds, (or shall contract with contractors to pay) all insurance premiums for coverage
required by this Article, and the City shall not be obligated to pay any premiums.
J. Subcontractors. Notwithstanding the other provisions of this Article, the amount
of coverage contracted to be provided by subcontractors shall be commensurate with the amount
of the subcontract, but in no case less than $100,000 per occurrence. The Authority shall provide
(or shall contract with contractors to provide) copies of insurance certificates to the Director.
K. Proof of Insurance. Promptly-after the execution of this Agreement and fronitmie
to time during the term of this Agreement at the request of the Planning Director, the Authority
shall furnish the Planning Director with certificates of insurance maintained by the Authority in
accordance with this Article along with an affidavit from the Authority confirming that the
certificates accurately reflect the insurance coverage maintained. If requested in writing by the
Director, the Authority shall furnish the City with certified copies of the Authority's actual
insurance policies. Failure of the Authority to comply with the requirements of this Article shall
constitute an event of default and the Director, at his or her sole discretion, may (1) suspend
performance by the City hereunder and begin procedures to terminate this Agreement for default
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pursuant to Article XXIII hereof, or (2) purchase the required insurance with City funds and,
notwithstanding the provisions of Article V of this Agreement, deduct the cast of the premiums
from amounts due to the Authority under this Agreement. The City shall never waive or be
estopped to assert its right to terminate this Agreement pursuant to Article XXIII hereof because
of its acts or omissions regarding its review of insurance documents.
L. Other Insurance. If requested by the Director, the Authority shall furnish
adequate evidence of Social Security and Unemployment Compensation Insurance, to the extent
applicable to the Authority's operations under this Agreement.
XlV.
Law to Be Observed
The Authority at all times shall observe and comply with all federal and state laws, local
laws, ordinances, orders, and regulations of the federal, state, county, or city governments. The
federal, state and local laws, ordinances, and regulations which affect those engaged or employed
in the work, or the equipment used in the work, or which in any way affects the conduct of the
--work, shall be at all times in effect, aiicl no pfeas-ormlsunderstandirlg-shaIlbe~ conSIdered on
account of ignorance thereof.
xv.
Permits
Before proceeding with the work hereunder, the Authority shall obtain and pay for any
necessary permits and licenses, whether issued by the state, county, or city, and upon the
Director's request, furnish proof thereof.
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XVI.
Information
The Authority shall, at such times and in such form as City may require, furnish periodic
information concerning the status of the Authority, the PID, and the performance of its
obligations under the Agreement, and such other statements, certificates and approvals relative to
the Authority and the PID as may be requested by the City.
XVII.
Borrowin2
To the extent permitted by law, the Authority shall have the authority to borrow money
and to pledge or assign the money it will receive under this Agreement to secure any such
borrowing. The City consents to the assignment and pledge of the money it will receive under
this Agreement if the Authority Board and the Planning Director consent to the assignment and
pledge and approve the terms and conditions of the instruments assigning or pledging the
proceeds to be received by the Authority pursuant to this Agreement.
XVITI.
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Coordination with City Officials
Authority will coordinate its activities with the City Departments involved or providing
services to the PID including, but not limited to:
A.
B.
e.
D.
E.
HOU:2680299.1
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Planning Department
Public Works Department
Parks and Recreation Department
Police Department
Fire Department
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Nothing in this Agreement is intended to confer upon the Authority the right to use,
improve, or service any City property without the approval of the director of the affected City
department.
XIX.
Address and Notice
Any and all notices and communications under this Agreement shall be mailed by first-
class mail, or delivered, to the Authority at the following address:
La Porte Redevelopment Authority
c/o David Hawes
Hawes Hill Calderon LLP
2500 Tanglewilde, Suite 260
Houston, Texas 77063
Any and all notices and communications under this Agreement shall be mailed by first-
class mail, or delivered, to the City at the following address:
City Manager
City of La Porte, Texas
City of La Porte City Hall
604 West Fairmont Parkway
- -Ea P5rte,-Texas-7757T---
xx.
Applicable Laws
This Agreement is made subject to the Constitution and laws of the State of Texas and
the Charter of the City.
XXI.
Captions
The captions at the beginning of the Articles of this Agreement are guides and labels to
assist in locating and reading such Articles, and, therefore, will be given no effect in construing
23
HOU:2680299J
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this Agreement and shall not be restrictive of the subject matter of any article, section, or part of
this Agreement.
XXII.
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Successors and Assims
This Agreement shall bind and benefit the respective parties and their legal successors,
and shall not be assignable, in whole or in part, by any party hereto without first obtaining the
written consent of the other party. Nothing herein shall be construed a creating any personal
liability on the part of any officer or agency of the City.
XXIII.
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Term and Termination
A. In General. The initial term of this Agreement shall begin on the Date of
Countersignature and end upon the earliest to occur of 1) dissolution of the PID; 2) when all
Assessments have been levied and all projects and Services have been completed in accordance
with the Service and Assessment Plans, or 3) the end of fifteen (15) years from the effective date
of tlllsagreement. -. ...----
B. Termination for Cause. A party may terminate its performance under this
Agreement without cause or upon default by the other party. Default by a party shall occur if the
party fails to perform or observe any of the terms and conditions of this Agreement required to
be performed or observed by that party. Should such a default occur, the party against whom the
default has occurred shall have the right to terminate all or part of its duties under this
Agreement as of the 30th day following the receipt by the defaulting party of a notice describing
such default and intended termination, provided: (i) such termination shall be ineffective if
within said 3D-day period the defaulting party cures the default or (ii) such termination may be
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HOU:2680299.1
stayed, at the sole option of the party against whom the default has occurred, pending cure of the
default.
XXIV.
Amendment or Modifications
Except as otherwise provided in this Agreement, this Agreement shall be subject to
change, amendment, renewal or modification only by the mutual written consent of the parties
hereto.
IN TESTIMONY OF WHICH this instrument has been executed can behalf of the
Authority and the City in duplicate originals which shall be considered of equal force and effect.
DATED this _ day of
,2007.
CITY OF LA PORTE, TEXAS
LA PORTE REDEVELOPMENT
AUTHORITY
Chairman of the Board of Directors
Mayor
Date:
Date:
ATTEST:
ATTEST
Secretary
(SEAL)
City Secretary
(SEAL)
25
HOU:2680299.1
LA PORTE REDEVELOPMENT AUTHORITY,
CITY OF LA PORTE, TEXAS
IQ
AGENDA MEMORANDUM
TO:
La Porte Redevelopment Authority Board of Directors
FROM:
Executive Director
DATE:
May 21,2007
SUBJECT:
Agenda Item Materials
10. Consid~r approval or other action with regard to Authority invoices.
LA PORTE REDJ;:VELOPMENT AUTIlORITY
clo Hawes Hill Calderon LLP
P.O. Box 22167
Houston TX 77227-2167
713-541-0447 or FAX 713-541-9906
HAWESHlllCAlDERON
LLP
P.O. Box 22167
Houston TX 77227-2167
Bill To:
TIRZ - # 1 - City of La Porte
604 W. Fairmont Pkwy.
La Porte, TX 77571
Invoice
Invoice #: 00002677
Date: 5/22/2007
Page: 1
I
I DATE DESCRlPTION AMOUNT
I
I
I Project Management Services, May 2007 $2,000.00
I
5/24/2007 Board of Directors Meeting $1,500.00
Sales Tax: $0.00
Total Amount: $3,500.00
Amount Applied: $0.00
I Balance Due: $3,500.00
I
Terms: C.O.D.