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RDAP 2020-06 2020-09-28RESOLUTION NO. RDAP 2020-06 A RESOLUTION OF THE DEVELOPMENT AUTHORITY OF PEARLAND (DAP), TEXAS AUTHORIZING DEVELOPER REIMBURSEMENTS TO CITY OF PEARLAND AND SHADOW CREEK RETAIL LP, OR ITS SUCCESSOR OR ASSIGNEE, TO REIMBURSE FOR TIRZ INFRASTRUCTURE IMPROVEMENTS FOR A TOTAL AMOUNT OF $12,615,582. BE IT RESOLVED BY DAP BOARD OF DIRECTORS: Section 1. That the Board of Directors hereby authorizes cash reimbursements in the amount of $1,627,881 to the City of Pearland and $10,987,701 to Shadow Creek Retail LP, or its successor or assignee, for TIRZ infrastructure improvements for a total amount of $12,615,582. PASSED, APPROVED, AND ADOPTED this 28th day of September , A.D. 2020. DAP Chairman ATTEST: �d 441(,/ DAP Secretary Draft DEVELOPMENT AUTHORITY OF PEARLAND City of Pearland, Texas Independent Accountant's Report on Application of Agreed -Upon Procedures of Amounts Reimbursable to Shadow Creek Retail, L.P., and The City of Pearland from Surplus Tax Increment Revenues As of October 1, 2020 McGrath & Co., PLLC Draft Certified Public Accountants 2500 Tanglewilde, Suite 340 Houston, Texas 77063 Mark W. McGrath, CPA mark@mcgrath-co.com Colette M. Garcia, CPA colette@mcgrath-co.com Tayo Ilori, CPA, CFE Crystal V. Horn, CPA tayo@mcgrath-co.com crystal@mcgrath-co.com Independent Accountant's Report on Applying Agreed Upon Procedures Board of Directors Development Authority of Pearland City of Pearland, Texas We have performed the procedures enumerated below, which were agreed to by Development Authority of Pearland (the "Authority") on the amounts reimbursable to Shadow Creek Retail, L.P., (the "Developer") and the City of Pearland (the "City") for costs incurred on behalf of Tax Increment Reimbursement Zone No 2. ("TIRZ No. 2") from surplus tax increment revenues. The Authority is responsible for determining amounts reimbursable to the Developer and the City. The procedures performed are to assist the Authority in determining that the allocations for the items and amounts to be reimbursed are appropriate and in accordance with commitments or policies of the Authority subject to such limitations as may apply. The sufficiency of these procedures is solely the responsibility of the parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures enumerated below either for the purpose for which this report has been requested or for any other purpose. The procedures and any associated findings are as follows: 1. We allocated principal and interest to remaining unreimbursed letter financing agreements of TIRZ No. 2 based on the relevant letter financing agreements. The projects to be reimbursed have been selected by the Authority. 2. Documentation supporting items, amounts, and proof of payments for which reimbursement has been requested has been inspected. 3. We recalculated interest on amounts reimbursable to determine that these amounts are in accordance with the reimbursement agreements and letter financing agreements. 4. A draft of this report with the attached schedule was provided to the Authority's personnel and consultants review prior to issuing a final report. 5. The attached Schedule A summarizes amounts reimbursable to each developer for the current period as well as previous reimbursements made and remaining unreimbursed letter finance agreements. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not Board of Directors Development Authority of Pearland City of Pearland, Texas Draft conclusion, respectively, on amounts reimbursable to the Developer. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the specified parties, and is not intended to be, and should not be, used by anyone other than the specified parties. However, this report is a matter of public record and its distribution is not limited. This report should not be associated with the presentation of any financial data of the Authority except to comply with filing requirements as specified by the Authority. We appreciate the opportunity to be of service to the Authority and the courtesy and cooperation extended to us by the Developer and the Authority's personnel and consultants during the course of our engagement. Please feel free to contact us regarding any of the items referred to above or any other matters of concern. Sincerely, Houston, Texas September 23, 2020 3 SCIO.2/ EA _TAX INCREMENT REINVESTMENT ZONE NO 2 /DEVELOPMENT AUTHORITY OF PEARLAND Draft CITY OF PEARLAND. TEXAS RECAPITULATION OF AMOUNTS DUE TO DEVELOPERS As of October 1. 2020 Original LFA LFA Interest Interest Actual Computed PREVIOUSLY REIMBURSED CURRENT REIMBURSEMENT Unpaid Balance Interest as Developer Date Amount Rate Cap Cost Interest Total Cost Interest Total Coat interest Total of _ Remaining 10/01/2020 Ranch Development Company. L.P. 6/19/2000 $ 900,000 6.50% None $ 882,434 S 352,974 S 1,235,408 $ 882,434 S 352,974 S 1,235,408 $ - $ I Ranch Development Company. L.P. 11/8/1999 919,150 - 6.50% None 919,150 301,131 1,220,281 919,150 301,131 1,220,281 Ranch Development Company. L.P. 2/21/2000 6,524,629 6.50% None 4,160,628 1,082,901 5,243,529 4,160,628 1,082,901 5,243,529 1) Ranch Development Company. L.P. 10/9/2000 10,318,290 6.50% None 8,414,398 2,178,892 10,593,290 8,414,398 2,178,892 10,593,290 1) Ranch Development Company. L.P. 823/2001 1,967,061 6.50% None 630,249 175,635 805,884 630,249 175,635 805,884 ey Drive, Phase 3) Ranch Development Company. L.P. 10!12003 3,529,173 6.50% None 2,429,087 257,838 2,686,925 2,429,087 362,790 2,791,877 Signal Shadow Creek PKWY/Kingaley) Ranch Development Company. L.P. 7/132004 287,788 6.50% None 263,470 10,936 274,406 263,470 30,108 293,578 and Trails Grading and Infrastructure) Ranch Development Company. L.P. 7/132004 1,007,256 6.50% None 777,066 45,664 822,730 777,066 100,135 877,201 ning Village 2, Phase 2lmprovements) Ranch Development Company. L.P. 10/72003 7,554,654 6.50% None 7,306,587 793,059 8,099,646 7306587 1,186,453 8,493,040 dice Station Land Cost) Ranch Development Company. L.P. 7/132004 408,668 6.500/6 None 408,688 104,763 513,451 408,688 147,266 555,954 I and Village 2 Phase 2lmprovements) Ranch Development Company. L.P. 8/62002 4,727,516 6.50% None 4,714,681 889,173 5,603,854 4,714,651 1,314,851 6,029,532 mal Village 1 and Village 2 Improvements) ianch Development Company. L.P. 11/122001 24,509,430 6.50% None 24,444,754 4,215,469 28,660,223 24,444,754 8,610,822 33,055,576 3, Phase 1 and 2lmprovements) tench Development Company. L.P. 10/72003 7,809,950 6.50% None 7,806,658 999,791 8,806,449 7,806,658 3,927,711 11,734,369 itary School #2 Site) tench Development Company. L.P. 3272006 1,687,801 6.50% None 022,037 43,555 1,365,592 1,322,037 564,564 1,886,601 f Site) tench Development Company. L.P. 8282006 481,569 6.50% None 377,208 31,236 408,444 377,208 179,892 557,100 a1 Nature Park) ianch Development Company. L.P. 7/132004 760,988 6.50% None 736,694 109,359 846,053 736,694 431,618 1,168,312 y Drive Phase 4lmprovements) touch Development Company. L.P. 10//2003 4,486,342 6.50°/, None 4,469,032 430,112 4,899,144 4,469,032 2,341,973 6,811,005 5 Improvements) anch Development Company. L.P. (0/72003 7,055,177 6.50% None 7,027,411 1,080,140 8,107,551 7,027,411 4,246,723 11,274,134 4, Phase 1 and Reflection Bay North Improvements) anch Development Company. L.P. 4/7/2005 3,354,452 6.501/6 None 3,312,322 265,453 3,577,775 3,312,322 1,911,464 5,223,786 3, Phase 3Improvements) inch Development Company. L.P. 10!)2003 7,711,582 6.50% None 7,429,145 1,564,833 8,993,978 7,429,145 5,382,022 12,811,167 4, Phase 4lmprovements) inch Development Company. L.P. 7/132004 8,204,999 6.50% None 8,101,288 1,095,913 9,197,201 8,101,288 5,523,544 13,624,832 y Drive North) inch Development Company. L.P. 1/302006 6,417,644 6.50% None 6,011,844 959,134 6,970,978 6,011,844 4,317,604 10,329,448 3 4 A/D[continued) 2E TAX INCREMENT REINVESTMENT=EVELOPMENT AUTHORITY OF PEARLAND Draft CITY OF PEARLAND. TE AS RECAPITULATION OF AMOUNTS DUE TO DEVELOPERS As of October 1. 2020 Original Developer LFA Dafe LFA Amount Interest Interest Actual Computed P PREVIOUSLY REIMBURSED Unpaid CURRENT REIMBURSEMENT Balance interest Rate Cap Coat Interest Total Cost Interest Total as of Cost Interest Taal Remaining 10/01/2020 It nal Village 4Improvements) r Ranch Development Company. L.P. 1/30/2006 S 9,392,437 6.50% None S 8,344,671 S 1,294,925 S 9,639,596 $ 8,344,671 S 6,263,330 S 14,608,001 $ $ _ S _ $ Ronal Sidewalks) : Ranch Development Company. L.P. 8/28/2006 2,356,305 6.50% None 1,561,888 277,247 1,839,135 1,561,888 1,271,891 2,833,779 fining Village 4Improvements) - - :Ranch Development Company. L.P. 1/30/2006 7,120,532 6.50% None 4,923,656 566,284 5,489,940 4,923,656 3,724,036 8,647,692 t8 Frontage Road) : Ranch Development Company. L.P. 8/26/2006 1,276,667 6.50% None 1,000,000 52,016 1,052,016 1,000,000 661,265 1,661165 e 7. Phase 1 Broadway Improvements) Ranch Development Company. L.P. 3/12/2007 1,271,499 6.50% None 1,085,783 194,578 1,280,361 1,085,783 725,348 1,811,131 [way to FM 521) Ranch Development Company. L.P. 5/5/2008 9,482,989 6.50% None 5,422,198 413,978 5,836,176 5,422,198 3,301,688 8,723,886 [way Landscape - North Side) Ranch Development Company. L.P. 5/5/2008 1,158,218 6.50% None 139,948 5,697 145,645 139,948 82,567 222,515 nfrastructure, Pipeline Relocation and Site Drainage Retail, L.P. 10232006 9,949,618 • 6.50% 5 years 9,949,618 1,065,587 11,015,205 4,024,105 1,805,631 5,829,736 5,925,513 2,495,354 8,420,867 :aping, Detention/Drainage, Relocation of Overhead Utilities and Plan Amendment Costs Retail, L.P. 3/122007 1,851,598 • 6.50% 5 years 1,851,598 113,137 1,964,735 - - - 1,851,598 715,236 2,566,834 way Improvements) d, Texas 1/152008 8,449,086 6.50% 5 years 5,997,980 579,392 6,577,372 - - - 1,131,289 496,592 1,627,881 4,866,691 2,033,211 ,cry Bay Extension SH 288) Ranch Development Company. L.P. 6/72010 912,908 6.50% None 458,209 17,852 476,061 458,209 239,556 697,765 - _ _ _ I Site) Ranch Development Company. L.P. 6/72010 2,530,620 6.50% None 1,753,316 182,969 1,936,285 1,753,316 1,031,310 2,784,626 Site) Ranch Development Company. L.P. 6!)2010 4,935,370 6.50% None 3,419,425 214,955 3,634,380 3,419,425 1,998,382 5,417,807 Site) Ranch Development Company. L.P. 6242013 2,382,379 6.50% None 1,514,705 90,364 1,605,069 1,514,705 708,106 2,222,811 7, Phase 1) 6/112012 10,571,086 6.50% 5 years 3,767,158 544,659 4,311,817 - - - - - - 3,767,158 1,768,985 aka Phase 2) 6242013 9,102,286 6.50% 5 years 3,077,854 852,857 3,930,711 - - - _ _ _ 3,077,854 1,311,078 ike Phase 3) 624/2013 -3,548,252 6.50% 5years 1,082,895 232,230 1,315,125 - _ _ _ _ - 1,082,895 393,213 v Grove Phase I) Star, Inc. 6232014 7,448,692 6.50% 5 years 2,360,923 694,157 3,055,080 - - - - - - 2,360,923 694,157 t Serve Reserve at Shadow Creek) 8/8/2026 2,075,106 _ _ - y Entry Costs) tench Development Company. L.P. 7/132004 92,393 Cancelled Improvements) 10/232017 1,091,520 _ _ S 207,623,680 $ 159,656,656 135,592,735 $ 66,484,183 $ $ 8,908,400 $ 3,707,182 $ 12,615,582 $ 15,155,521 S 6,200,644 $ 24,380,845 $ 184,037,501 $ 202,076,918 4 SCHEDULE A (continued) TAX INCREMENT REINVESTMENT ZONE NO 2 / DEVEI OPMENT A 1THORITY OF PEARLAND CITY OF PEARLAND, TEXAS RECAPITULATION OF AMOUNTS DUE TO DEVELOPERS As of October 1.2020 Draft Original Developer LFA Totals Actual Computed PREVIOUSLY REIMBURSED CURRENT REIMBURSEMENT Balance i Unpad Interest of BY ENTITY Cost Interest Total Cost Interest Total Cost Interest Total Remaining 10/01/2020 k Ranch Development Company. L.P. S 153,536,436 S 131,568,630 $ 20,298,826 S 151,867,456 S 131,568,630 S 64,678,552 S 196,247,182 S $ k Retail, L.P. md, Texas 11,801,216 11,801,216 1,178,724 12,979,940 4,024,105 1,805,631 5,829,736 - 7,777,111 3,210,590 $ 10,987,701 $ _ S _ 1. 8,449,086 24,313,144 5,997,980 579,392 6,577,372 -1,131,289 _ 496,592 1,627,881 4,866,691 2,033,211 ne Star, Inc. 7,448,692 7,927,907 2,360,923 1,629,746 694,157 9,557,653 3,055,080 - - - 7,927,907 3,473,276 ty 2,075,106 ' 2,360,923 694,157 $ 207,623,680 $ 159,656,656 $ 24,380,845S 184,D37,SD1 S 135,592,735 $ 66,484,183 $ 202,076,918 $ 8,908,40D $ 3,707,182 $ 12,615,582 $ 15,155,521 S 6,200,644 [the amount of the LPA. Per the governing agreements, reimbursement is limited to the amount of the LFA. Surplus Tax Increment Revenues 10/1/2020 $ 12,615,582 $ 12,615,582 Balance Sheet 7 $ 23,532,550.01 Plus Wire from Regions Through 08/31/20 Total Monies Available $ 23,532,550.01 Detail Listing FY2021 Debt Service Requirements Include Rollup Account/Rollup to Base Account Debt Service Reserve Current YTD Prior Year 10,000.00 Description $ Balance Total Actual Net Change Change % $ 12,615,581.99 lopment Authority • Wells Fargo 13,620,744.23 7,166,900.42 6,453,643.81 90.05 • Regions Bank Debt Service 9,911,805.78 1,157,701.53 8,754,104.25 756.16 1000 - Cash Totals $23,532,550.01 $8,324,601.95 $15,207,948.06 182.69% ASSETS TOTALS $23,532,550.01 $8,324,601.95 $15,207,948.06 182,690 lance - Unassigned 8,324,601.95 8,324,601.95 FUND EQUITY TOTALS Prior to Current Year Changes .00 .00 $8,324,601.95 $8,324,601.95 $0.00 3r Fund Equity Adjustment .00 0.00% venues (26,811,012.23) xnses 11,603,064.17 FUND EQUITY TOTALS $23,532,550.01 $8,324,601.95 $15,207,948.06 182.69% LIABILITIES AND FUND EQUITY TOTALS $23,532,550.01 $8,324,601.95 $15,207,948.06 182.69% Fund 920 - Development Authority Totals $0.00 $0.00 $0.00 +++ Fund Type Totals $0.00 $0.00 $0.00 +++ Fund Category Other Totals $0.00 $0.00 $0.00 +++ Grand Totals $0.00 $0.00 $0.00 +++ Cash Analysis for Reimbursement Cash & Cash Equivalents $ 23,532,550.01 Plus Wire from Regions Total Monies Available $ 23,532,550.01 Less: FY2021 Debt Service Requirements $ 9,906,968.02 Debt Service Reserve 1,000,000.00 Operating Costs 10,000.00 Total Funds to be Held $ 10,916,968.02 Monies Available for Cash Reimbursement $ 12,615,581.99 da Daugherty on 09/14/2020 19:40:47 PM Page 1 of 1