Ord. 1312 2006-10-23ORDINANCE NO. 1312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT
ZONE NUMBER TWO, CITY OF PEARLAND, TEXAS (SECOND
AMENDMENT); AUTHORIZING THE CITY SECRETARY TO
DISTRIBUTE SUCH PLANS; RESCINDING CITY ORDINANCE NO.
1275; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECTS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Pearland, Texas (the "City"), pursuant to the provisions of
Chapter 311, Texas Tax Code, created Reinvestment Zone Number Two, City of
Pearland, Texas (the "Zone"), for the purposes of redevelopment of the area of the City
within the Zone; and
WHEREAS, the City approved and adopted the Project Plan and Reinvestment
Zone Financing Plan (the "Plans") for the Zone on August 23, 1999, by Ordinance No.
918; and
WHEREAS, the City approved and adopted a First Amendment to the Plans on
July 10, 2006, by Ordinance No. 1276; and
WHEREAS, the City approved a Second Amendment to the Plans to include
participation in the Zone by Alvin Community College District (the "College") on July 10,
2006, by Ordinance No. 1275; and
WHEREAS, the College has since determined not to participate in the Zone; and
WHEREAS, the City therefore now desires to repeal Ordinance No. 1275; and
WHEREAS, the Plans should be amended to include additional public
improvements needed to serve the land in the Zone, and the Board of Directors of the
Zone has prepared, approved and recommended adoption of a Second Amendment to
the Plans; and
WHEREAS, a public hearing on the Second Amendment to the Plans was held
on October 23, 2006, and the required notice of such public hearing was published, all
in conformance with the provisions of Sections 311.011(e) and 311.003(c) and (d),
Texas Tax Code;
WHEREAS, the proposed improvements in the Zone will significantly enhance
the value of all taxable real property in the Zone and will be of general benefit to the
City;
ORDINANCE NO. 1312
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The findings and recitals contained in the preamble of this
Ordinance are hereby found and declared to be true and correct and are adopted as
part of this Ordinance for all purposes.
Section 2. The Second Amendment to the Plans, a copy of which is attached
hereto as Exhibit A, is hereby approved and adopted. The Plans as amended by the
Second Amendment are hereby determined to be feasible and are approved. The
appropriate officials of the City are authorized to take all steps necessary to implement
the Second Amendment to the Plans.
Section 3. The City Secretary is directed to provide copies of the Second
Amendment to the Plans to each taxing unit currently participating in the Zone.
Section 4. Ordinance No. 1275 is hereby repealed.
Section 5. If any provision, section, subsection, sentence, clause or phrase of
this Ordinance, or the application of same to any person or set of circumstances is for
any reason be held to be unconstitutional, void or invalid, the validity of the remaining
provisions of this Ordinance shall not be affected thereby, it being the intent of the City
Council in adopting this Ordinance that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionally,
voidness or invalidity of any other portion hereof, and all provisions of this Ordinance
are declared to be severable for that purpose.
Section 6. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall for the time
required by law preceding this meeting, as required by the Open Meetings Law, TEx.
Gov'T CODE ANN., Ch. 551; and that this meeting was open to the public as required by
law at all times during which this Ordinance and the subject matter thereof was
discussed, considered and acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
2
ORDINANCE NO. 1312
PASSED and APPROVED on First Reading this 23rd day of October, A.D. 2006.
CITY OF PEARLANLQ; TE S
Tom Reid
Mayor
PASSED and APPROVED on Second and Final Reading this 13th day of November,
A.D. 2006.
ATTEST:
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
CITY OF PEARLS TEXAS
Tom Reid
Mayor
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REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
2nd AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
SHADOW
CREEK
RANCH
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CITY COUNCIL
2005-2006 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Kevin Cole, Position 5
Council Member Hon. Richard Tetens, Position 1
Hon. Helen Beckman, Position 2
Hon. Steve Saboe, Position 3
Hon. Felicia Kyle, Position 4
City Manager William Eisen
2nd Amendment to TIRZ 2 Project and Financing Plan
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BOARD OF DIRECTORS
2005-2006 Board Members
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Donna Coleman
State Senator Designee
Gary Davis
State Representative Designee
Nigel Harrison, Chair
City of Pearland Designee
Gary Cook, Vice Chair
City of Pearland Designee
Ken Phillips
City of Pearland Designee
Jo Knight
City of Pearland / Alvin
Independent School District
Designee
Mike Pyburn
Alvin Independent School District
Designee
Ron Castillo
Fort Bend County Designee
Larry Loessin
Brazoria County Designee
2nd Amendment to TIRZ 2 Project and Financing Plan
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2nd AMENDMENT TOTHE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND
I. OVERVIEW
The City of Pearland (the "City") created Tax Increment Reinvestment Zone Number
Two (the "Zone") by City Ordinance No. 891, dated December 21, 1998. The Project
Plan and Reinvestment Zone Financing Plan (the "Plan") was approved by the Board of
Directors of the Zone and adopted by Council on August 23, 1999. The Zone as
originally designated contained 3,467 acres of vacant, undeveloped land generally
bounded by Clear Creek on the north, State Highway 288 on the east, County Road 92
(the extension of Broadway west of S.H. 288) on the south, and FM 521 on the west. The
Zone was subsequently expanded with the approval of the annexation of an additional
457+ acres and the 1st Amendment to the Project Plan and Reinvestment Zone Financing
Plan.
The portion of the Zone depicted below (the "Sub -Developer's Site") has been acquired
by Pearland Retail Development Partners (the "Sub -Developer") for the proposed
development of a retail center to be known as the Shadow Creek Ranch Town Center.
The Shadow Creek Ranch Town Center is planned to consist of a grocery anchored retail
center consisting of approximately 600,000 square feet of retail space housing
approximately 60 tenants. The Sub -Developer or its assignee proposes to enter into a
reimbursement agreement with the Zone to facilitate the development of public
improvements necessary to make the development: 1.) economically viable; 2.) of high
aesthetic quality; 3.) consistent with development standards established within Shadow
Creek Ranch; and 4) consisting of retail tenants that add to the quality of life in the City
of Pearland. Without the reimbursements contemplated in this amendment to the Plan,
the Sub -Developer will not be able to move forward with development of the Shadow
Creek Ranch Town Center, as the development will not be economically viable.
2nd Amendment to TIRZ 2 Project and Financing Plan
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PEARLAND RETAIL DEVELOPMENT
PARTNERS SITE
The Plan describes the purpose of the Zone as financing public infrastructure
improvements necessary to develop the Zone as a quality mixed -use development
creating a self-sustaining tax base. The chart below summarizes the total estimated
Project Costs for the Zone as approved in the Plan and the 1st Plan Amendment.
Eligible Project Description
Total Estimated Project Costs
Infrastructure &
Administration/Creation
Zone
$144,358,141
City Facilities
$5,000,000
Educational Facilities
$134,100,000
Grand Total
$283,358,141
Presently, there is little retail development in the Zone. In order for Shadow Creek
Ranch to mature into a true mixed -use development, a significant retail component is
needed. The Sub -Developer proposes to provide that element. However, an amendment
to the Project Plan is necessary to make reimbursement of essential, costly public
improvements possible.
2nd Amendment to TIRZ 2 Project and Financing Plan
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The Sub -Developer has performed independent market analysis and determined that the
proposed development is viable and probable to succeed if the reimbursements
contemplated by this amendment are adopted.
II. PRELIMINARY PROJECT PLAN AMENDMENT
This 2nd Plan Amendment supersedes and replaces the previously adopted 2nd
Amended Project Plan prepared in anticipation of Alvin Community College
participation.
A. Existing Uses and Conditions (311.011(b)(1))
The photographs and illustrations below reflect the existing uses of the Sub -Developer's
Site and the proposed uses of the site upon development of the retail center. The sub -
Developer' s site is currently undeveloped raw land. The boundaries of the Zone will not
need to be enlarged to facilitate this amendment as the area within which reimbursement
for public improvements will be made is wholly within the existing boundaries of the
Zone.
Existing uses:
2nd Amendment to TIRZ 2 Project and Financing Plan
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2nd Amendment to TIRZ 2 Project and Financing Plan
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Proposed uses:
B. Proposed Improvements and Proposed Uses (311.011(b)(1))
The Plan Amendment is intended to facilitate a program of public infrastructure
including:
(1) Significant street development and improvements to include the following:
a. major widening and other improvements to Broadway Street (also
known as FM 518) (depicted below in Section III B);
b. development of Business Center Drive, a new segment of the City's
major thoroughfare plan which will serve to extend and complete a
previous Zone development project (depicted below in Section III B);
c. development of Memorial Hermann Drive, a new connector road which
is part of the City's major thoroughfare plan (depicted below in Section
III B);
d. the addition of signalization at the intersections of: 1.) Business Center
Drive and Broadway; and 2.) Kirby Road and Broadway;
(2) Additional public infrastructure development shall include:
a. water improvements (depicted below in Section III B);
b. wastewater improvements (depicted below in Section III B);
2nd Amendment to TIRZ 2 Project and Financing Plan
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c. detention, storm sewer and drainage improvements including an
aesthetically pleasing detention pond with fountain (depicted below in
Section III B);
d. landscape improvements (depicted below in Section III B);
(3) Site remediation and improvements shall include:
a. relocation of overhead utilities underground to improve aesthetics and
maintain development standards of Shadow Creek Ranch (depicted below
in Section III B).
b. relocation of pipeline impeding efficient development of the site
(depicted below in Section III B).
These public improvements will allow the Sub -Developer to move forward with the
development of Shadow Creek Ranch Town Center in a manner that is at once
economically viable and consistent with the high quality development currently being
constructed in the balance of the Zone.
C. Proposed Changes of Municipal Ordinances, Master Plan, or Codes
(311.011(b)(2))
Other than the ordinance required to approve this amendment to the Plan, this Plan
amendment will not require any change to other ordinances, plans or codes of the City of
Pearland.
2nd Amendment to TIRZ 2 Project and Financing Plan
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D. Non -Project Costs (311.011(b)(3))
The Sub -Developer will contribute numerous significant public improvements to the
Zone for which no reimbursement from the Zone will be sought. Accordingly, this Plan
Amendment will add the following Non -Project Costs to the Plan:
PROJECTS FOR WHICH NO REIMBURSEMENT IS
SOUGHT
ESTIMATE OF COST
Infrastructure
Major Road Utilities (including water and
sewer)
Business Center Drive Utilities Memorial
Hermann Drive Utilities
Clearing and Grubbing
Non-public Roads and Utilities (including
water and sewer)
Town Center Drive
Loop Road
Pipeline Relocation
Other Utilities (including water and sewer)
Internal Storm Sewers/Utilities
Off Site Trunks Sewers
Detention
Detention Basin
Allocated Engineering
$700,000
$300,000
$372,000
$180,000
$375,000
$700,000
$200,000
$301,000
$361,000
$523,350
TOTAL
$4,012,350
E. Method of Relocating Persons (311.011(b)(4))
This Plan Amendment does not require any change to the relocation provisions of the
Plan.
2nd Amendment to TIRZ 2 Project and Financing Plan
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1
i
III. PRELIMINARY REINVESTMENT ZONE FINANCING PLAN
AMENDMENT
A. Estimated Project Costs (311.011(c)(1))
With the adoption of the Plan Amendment the estimated costs of eligible improvements
in the Plan will be amended to include the following additional costs in 2006 dollars:
ELIGIBLE PROJECTS
ESTIMATE OF COST
Infrastructure
Major Road Infrastructure
Broadway Widening and Signalization
$2,831,789
Business Center Drive paving
$852,722
Memorial Hermann Drive paving
$383,107
Landscaping
Business Center Drive
$157,500
Memorial Hermann Drive
$67,500
Detention/Drainage
Land (500,000 sf @ $5.70 per sf)
$2,850,000
Beautification/Deepening/Pond creation
$200,000
Site drainage facilities
$1,842,000
Overhead Utilities Placed Underground
$1,200,000
Pipeline Relocation
$700,000
Engineering
$490,000
Engineering (15%)
Subtotal
$11,547,618
Plan Amendment Costs (statutorily
permissible professional fees such as
legal, engineering, architectural etc.)
$175,000
Subtotal
$175,000
TOTAL
$11,749,618
Notwithstanding anything to the contrary in the Plan, the actual costs upon which
developer reimbursements are based may be less than or exceed the amount of each
estimate of project cost line item above so long as the total of such reimbursed costs
2nd Amendment to TIRZ 2 Project and Financing Plan
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(excluding financing costs) does not exceed the amount of $11,749,618 in the aggregate.
Additionally, Exhibit G to the Plan will be amended to increase the Annual TIRZ
Administration expenses by $25,000 per year.
B. Kind, Number and Location of Proposed Public Improvements
(311.011(c)(2))
This amendment to the Plan will enable the Zone, via Sub -Developer funding and Zone
reimbursement, to facilitate a program of roadway improvements, public infrastructure
and site improvements necessary to develop the vacant and undeveloped land that is
within the Sub -Developer's Site. It is anticipated that the proposed improvements may
include the following:
• Streets
FM 5
BUSINESS CENTER
DRIVE
MEMORIAL HERMANN
DRIVE
-PROPOSED TRAFFIC
SIGNAL
Shadow Creek Town Center
ExHierr
Business Center Orkin, Memorial Herman
Drive & FM 518
R E, I Lam` FOX Properties
2nd Amendment to TIRZ 2 Project and Financing Plan
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• Water and wastewater improvements
—SEWER LINE
WATER LINE
—SEWER LINE
SEWER LINE
SEWER LINE
u. 17 WATERLINE
SEWER LINE
Shadow Creek Town Center
EXHIBIT
WATER & SEWER LINE
RAIL FOX Properties
2nd Amendment to TIRZ 2 Project and Financing Plan
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• Storm sewer inlets and box culverts
X 6 BOX CULVERT
STORM SEWER INLET
CONCRETE MULTIPLE BOXED CULVERT
6 X 5' BOXED CULVERT
STORM SEWER INLET •
STORM SEWER INLET
CONCRETE MULTIPLE
BOXED CULVERT
Shadow Creek Town Center
EXHIBIT
BOX CULVERTS & STORM SEWER INLETS
RE1AI L FOX Properties
2nd Amendment to TIRZ 2 Project and Financing Plan
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• Landscaping, Detention & Overhead Utilities (to be placed underground)
0
LANDSCAPE AREA
P DETENTION POND
(, ., I LAND
OVERHEAD UTILITIES
Shadow Creek Town Center
EXHIBIT
LANDSCAPE & DETENTION POND LAND
RETAIL FOX Properties
2nd Amendment to TIRZ 2 Project and Financing Plan
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• Pipeline relocation
-RELOCATION OF PIPELINE-,,
EASEMENT _ .. _.......
Shadow Creek Town Center
EXHIBIT
PIPEUNE RELOCATION
RE CAI Lp�9 FOX Properties
C. Economic Feasibility Study (311.011(c)(3))
Shadow Creek Ranch has sold over 2,000 homes since opening in 2002. The current
sales rate averages between 20 and 25 homes per week through the efforts of 20 merchant
homebuilders. Homes prices range from $150,000 to $1 million. Even factoring in a 15-
month delay in the start of construction for the development, Shadow Creek Ranch has
produced sales volumes and assessed valuations at or above the original financial
projections for the Zone. Shadow Creek has been recognized as the fastest selling
planned community in the Houston / Pearland market area and is in fact second in the
entire region behind only the Woodlands. The dramatic growth of the market has created
a demand for additional retail development. The Sub -Developer has verified significant
interest from numerous potential retail tenants and is pursuing agreements with them.
2nd Amendment to TIRZ 2 Project and Financing Plan
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D. Estimate of Bonded Indebtedness to be Incurred (311.011(c)(4))
This Plan Amendment will increase the estimate of bonded indebtedness in the Plan from
the amount described in the 1st Amendment to the Project Plan and Reinvestment Zone
Financing Plan, by the amount necessary to yield additional net proceeds of $11,749,618.
Both amounts may be adjusted according to the Engineering News Record Index over the
life of the Zone.
E. Time When Related Costs or Monetary Obligations Are To Be Incurred
(311.011(c)(5))
The improvements contemplated in this Plan Amendment will be funded by the Sub -
Developer, shall be considered Sub -Developer Improvements as defined in the Plan and
shall be reimbursed according to the provisions of the amended Plan.
F. Methods of Financing And Sources of Revenue (311.011(c)(6))
The Methods of Financing described in the Plan under F.1 Funding Project Costs remains
unchanged by this Plan Amendment.
Taxing Entity
Zone Years
Percent Participation
City of Pearland
8
9-30
100% (a)
100% (b)
Brazoria County
8-30
38%
Alvin I.S.D.
8-30
100%(c)
(a) 36% to be repaid as an Administrative Cost, provided never more than $0.255
(b) 64% to be repaid as an Administrative Cost, provided never more than $0.44
(c) 25% for non -educational facilities and 75% for educational facilities.
2nd Amendment to TIRZ 2 Project and Financing Plan
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G. Total Current Appraised Value (311.011(c)(7))
This amendment has no impact on the current captured appraised value within the Zone
which is $643,473,510 based on certified 2006 values provided by the Brazoria Central
Appraisal District.
H. Estimated Captured Appraised Value (311.011(c)(8))
The estimated captured appraised value within the Sub -Developer's Site (beginning with
2007) is provided in the chart below. These projections are based solely upon anticipated
development to be generated on the Sub -Developer's Site —they do not include any
captured appraised value generated on the land within the site from the base year of the
TIRZ to the present time.
Appraised
Value
Year
Captured
Appraised
Value
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
9,930,000
89,809,441
92, 503, 724
95,278,836
98,137,201
101,081,317
104,113, 757
107,237,170
110,454,285
113,767,913
117,180, 951
120,696,379
124,317,270
128,046,789
131,888,192
135,844,838
139, 920,183
144,117,789
148,441,322
152,894,562
157,481,399
162,205,841
2nd Amendment to TIRZ 2 Project and Financing Plan
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The following chart shows the revenue projected to be generated from the captured
appraised value on the sub -developer's site, for each expected participant.
Property Tax Revenue (95% Collection)
Appraised
Value
Year
City of
Pearland
Brazoria
County
Alvin
ISD
Total
2007
22,903
12,820
40,229
75,952
2008
207,141
115,948
363,843
686,932
2009
213,355
119,427
374,758
707,540
2010
219,756
123,010
386,001
728,766
2011
226,348
126,700
397,581
750,629
2012
233,139
130,501
409,508
773,148
2013
240,133
134,416
421,793
796,342
2014
247,337
138,449
434,447
820,233
2015
254,757
142,602
447,481
844,840
2016
262,400
146,880
460,905
870,185
2017
270,272
151,286
474,732
896,290
2018
278,380
155,825
488,974
923,179
2019
286,731
160,500
503,643
950,875
2020
295,333
165,315
518,753
979,401
2021
304,193
170,274
534,315
1,008,783
2022
313,319
175,382
550,345
1,039,046
2023
322,719
180,644
566,855
1,070,218
2024
332,400
186,063
583,861
1,102,324
2025
342,372
191,645
601,377
1,135,394
2026
352,643
197,395
619,418
1,169,456
2027
363,223
203,316
638,000
1,204,539
2028
374,119
209,416
657,140
1,240,676
Total
5,962,973
3,337,815
10,473,960
19,774,749
H. Duration of Zone (311.011(c)(9))
The duration of the Zone remains unchanged.
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REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
2nd AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
=PPM 1
SHADOW
CREEK
RANCH
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CITY COUNCIL
2005-2006 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Kevin Cole, Position 5
Council Member Hon. Richard Tetens, Position 1
Hon. Helen Beckman, Position 2
Hon. Steve Saboe, Position 3
Hon. Felicia Kyle, Position 4
City Manager William Eisen
2nd Amendment to TIRZ 2 Project and Financing Plan 2
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BOARD OF DIRECTORS
2005-2006 Board Members
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Donna Coleman
State Senator Designee
Gary Davis
State Representative Designee
Nigel Harrison, Chair
City of Pearland Designee
Gary Cook, Vice Chair
City of Pearland Designee
Ken Phillips
City of Pearland Designee
Jo Knight
City of Pearland / Alvin
Independent School District
Designee
Mike Pyburn
Alvin Independent School District
Designee
Ron Castillo
Fort Bend County Designee
Larry Loessin
Brazoria County Designee
2nd Amendment to TIRZ 2 Project and Financing Plan 3
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2"d AMENDMENT TOTHE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND
I. OVERVIEW
The City of Pearland (the "City") created Tax Increment Reinvestment Zone Number
Two (the "Zone") by City Ordinance No. 891, dated December 21, 1998. The Project
Plan and Reinvestment Zone Financing Plan (the "Plan") was approved by the Board of
Directors of the Zone and adopted by Council on August 23, 1999. The Zone as
originally designated contained 3,467 acres of vacant, undeveloped land generally
bounded by Clear Creek on the north, State Highway 288 on the east, County Road 92
(the extension of Broadway west of S.H. 288) on the south, and FM 521 on the west. The
Zone was subsequently expanded with the approval of the annexation of an additional
457± acres and the 1s` Amendment to the Project Plan and Reinvestment Zone Financing
Plan.
The portion of the Zone depicted below (the "Sub -Developer's Site") has been acquired
by Pearland Retail Development Partners (the "Sub -Developer") for the proposed
development of a retail center to be known as the Shadow Creek Ranch Town Center.
The Shadow Creek Ranch Town Center is planned to consist of a grocery anchored retail
center consisting of approximately 600,000 square feet of retail space housing
approximately 60 tenants. The Sub -Developer or its assignee proposes to enter into a
reimbursement agreement with the Zone to facilitate the development of public
improvements necessary to make the development: 1.) economically viable; 2.) of high
aesthetic quality; 3.) consistent with development standards established within Shadow
Creek Ranch; and 4) consisting of retail tenants that add to the quality of life in the City
of Pearland. Without the reimbursements contemplated in this amendment to the Plan,
the Sub -Developer will not be able to move forward with development of the Shadow
Creek Ranch Town Center, as the development will not be economically viable.
2nd Amendment to TIRZ 2 Project and Financing Plan 4
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0
J
j
"o,IZIGINAL
PEARLAND RETAIL DEVELOPMENT
PARTNERS SITE
The Plan describes the purpose of the Zone as financing public infrastructure
improvements necessary to develop the Zone as a quality mixed -use development
creating a self-sustaining tax base. The chart below summarizes the total estimated
Project Costs for the Zone as approved in the Plan and the 1st Plan Amendment.
Eligible Project Description
Total Estimated Project Costs
Infrastructure &
Administration/Creation
Zone
$144,358,141
City Facilities
$5,000,000
Educational Facilities
$134,100,000
Grand Total
$283,358,141
Presently, there is little retail development in the Zone. In order for Shadow Creek
Ranch to mature into a true mixed -use development, a significant retail component is
needed. The Sub -Developer proposes to provide that element. However, an amendment
to the Project Plan is necessary to make reimbursement of essential, costly public
improvements possible.
2nd Amendment to TIRZ 2 Project and Financing Plan 5
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The Sub -Developer has performed independent market analysis and determined that the -
proposed development is viable and probable to succeed if the reimbursements
contemplated by this amendment are adopted.
II. PRELIMINARY PROJECT PLAN AMENDMENT
This 2nd Plan Amendment supersedes and replaces the previously adopted 2nd
Amended Project Plan prepared in anticipation of Alvin Community College
participation.
A. Existing Uses and Conditions (311.011(b)(1))
The photographs and illustrations below reflect the existing uses of the Sub -Developer's
Site and the proposed uses of the site upon development of the retail center. The sub -
Developer's site is currently undeveloped raw land. The boundaries of the Zone will not
need to be enlarged to facilitate this amendment as the area within which reimbursement
for public improvements will be made is wholly within the existing boundaries of the
Zone.
Existing uses:
2nd Amendment to TIRZ 2 Project and Financing Plan
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1
2nd Amendment to TIRZ 2 Project and Financing Plan 7
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1
Proposed uses:
•
.I. J
/tees. •� 4
B. Proposed Improvements and Proposed Uses (311.011(b)(1))
The Plan Amendment is intended to facilitate a program of public infrastructure
including:
(1) Significant street development and improvements to include the following:
a. major widening and other improvements to Broadway Street (also
known as FM 518) (depicted below in Section III B);
b. development of Business Center Drive, a new segment of the City's
major thoroughfare plan which will serve to extend and complete a
previous Zone development project (depicted below in Section III B);
c. development of Memorial Hermann Drive, a new connector road which
is part of the City's major thoroughfare plan (depicted below in Section
III B);
d. the addition of signalization at the intersections of: 1.) Business Center
Drive and Broadway; and 2.) Kirby Road and Broadway;
(2) Additional public infrastructure development shall include:
a. water improvements (depicted below in Section III B);
b. wastewater improvements (depicted below in Section III B);
2nd Amendment to TIRZ 2 Project and Financing Plan 8
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L.11
1.11
r
c. detention, storm sewer and drainage improvements including an
aesthetically pleasing detention pond with fountain (depicted below in
Section III B);
d. landscape improvements (depicted below in Section III B);
(3) Site remediation and improvements shall include:
a. relocation of overhead utilities underground to improve aesthetics and
maintain development standards of Shadow Creek Ranch (depicted below
in Section III B).
b. relocation of pipeline impeding efficient development of the site
(depicted below in Section III B).
These public improvements will allow the Sub -Developer to move forward with the
development of Shadow Creek Ranch Town Center in a manner that is at once
economically viable and consistent with the high quality development currently being
constructed in the balance of the Zone.
C. Proposed Changes of Municipal Ordinances, Master Plan, or Codes
(311.011(b)(2))
Other than the ordinance required to approve this amendment to the Plan, this Plan
amendment will not require any change to other ordinances, plans or codes of the City of
Pearland.
2nd Amendment to TIRZ 2 Project and Financing Plan 9
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111
D. Non -Project Costs (311.011(b)(3))
The Sub -Developer will contribute numerous significant public improvements to the
Zone for which no reimbursement from the Zone will be sought. Accordingly, this Plan
Amendment will add the following Non -Project Costs to the Plan:
PROJECTS FOR WHICH NO REIMBURSEMENT IS
SOUGHT
ESTIMATE OF COST
Infrastructure
Major Road Utilities (including water and
sewer)
Business Center Drive Utilities Memorial
Hermann Drive Utilities
Clearing and Grubbing
Non-public Roads and Utilities (including
water and sewer)
Town Center Drive
Loop Road
Pipeline Relocation
Other Utilities (including water and sewer)
Internal Storm Sewers/Utilities
Off Site Trunks Sewers
Detention
Detention Basin
Allocated Engineering
$700,000
$300,000
$372,000
$180,000
$375,000
$700,000
$200,000
$301,000
$361,000
$523,350
TOTAL
$4,012,350
E. Method of Relocating Persons (311.011(b)(4))
This Plan Amendment does not require any change to the relocation provisions of the
Plan.
2nd Amendment to TIRZ 2 Project and Financing Plan 10
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III. PRELIMINARY REINVESTMENT ZONE FINANCING PLAN
AMENDMENT
A. Estimated Project Costs (311.011(c)(1))
With the adoption of the Plan Amendment the estimated costs of eligible improvements
in the Plan will be amended to include the following additional costs in 2006 dollars:
ELIGIBLE PROJECTS
ESTIMATE OF COST
Infrastructure
Major Road Infrastructure
Broadway Widening and Signalization
$2,831,789
Business Center Drive paving
$852,722
Memorial Hermann Drive paving
$383,107
Landscaping
Business Center Drive
$157,500
Memorial Hermann Drive
$67,500
Detention/Drainage
Land (500,000 sf @ $5.70 per sf)
$2,850,000
Beautification/Deepening/Pond creation
$200,000
Site drainage facilities
$1,842,000
Overhead Utilities Placed Underground
$1,200,000
Pipeline Relocation
$700,000
Engineering
$490,000
Engineering (15%)
Subtotal
$11,547,618
Plan Amendment Costs (statutorily
permissible professional fees such as
legal, engineering, architectural etc.)
$175,000
Subtotal
$175,000
TOTAL
$11,749,618
Notwithstanding anything to the contrary in the Plan, the actual costs upon which
developer reimbursements are based may be less than or exceed the amount of each
estimate of project cost line item above so long as the total of such reimbursed costs
2nd Amendment to TIRZ 2 Project and Financing Plan 11
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(excluding financing costs) does not exceed the amount of $11,749,618 in the aggregate.
Additionally, Exhibit G to the Plan will be amended to increase the Annual TIRZ
Administration expenses by $25,000 per year.
B. Kind, Number and Location of Proposed Public Improvements
(311.011(c)(2))
This amendment to the Plan will enable the Zone, via Sub -Developer funding and Zone
reimbursement, to facilitate a program of roadway improvements,, public infrastructure
and site improvements necessary to develop the vacant and undeveloped land that is
within the Sub -Developer's Site. It is anticipated that the proposed improvements may
include the following:
• Streets
D
1
r
i
I r FM 518(BROADWAY)WIDENING
ROPOSEDTRAFFIC
SIGNAL
1
1\
Shadow Creek Town Center
oo ierr
Business Center Drive Memorial Herman
Drive & F�1516
RE■AIL FOXPropertiees
2nd Amendment to TIRZ 2 Project and Financing Plan
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12
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A
r
a
r
t
r�
r
r
• Water and wastewater improvements
SEWER LINE_
'!"'r',., -
2nd Amendment to TIRZ 2 Project and Financing Plan 13
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• Storm sewer inlets and box culverts
Celthrol
�I
r.w
X 6 BOX CULVERT
DIORM SEWER INLET
MULTIPLE
=1II tf CULVERT X S BO D BOXED CULVERT
ORM SEWER INLET
STORM SEWER INLET
-
Shadow Creek Town Center
EXHIBIT
BOX CULVERTS of STORM SEWER INLETS
R EINA I L FOX Properties
2nd Amendment to TIRZ 2 Project and Financing Plan 14
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• Landscaping, Detention & Overhead Utilities (to be placed underground)
® LANDSCAPE AREA
nDETEDNTION POND
LAN
OVERHEAD UTILmES
Shadow Creek Town Center
EXHIBIT
LANDSCAPE & DETENTION POND LAND
REINAI L FOX Properties
Nosey
2nd Amendment to TIRZ 2 Project and Financing Plan 15
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• Pipeline relocation
ELOCATION OF PIPELINE
-EASEMFNL
r
I I.I. II
Shadow Creek Town Center
EXHIBIT
PIPELINE RELOCATION
RE I: FOX Properties
C. Economic Feasibility Study (311.011(c)(3))
Shadow Creek Ranch has sold over 2,000 homes since opening in 2002. The current
sales rate averages between 20 and 25 homes per week through the efforts of 20 merchant
homebuilders. Homes prices range from $150,000 to $1 million. Even factoring in a 15-
month delay in the start of construction for the development, Shadow Creek Ranch has
produced sales volumes and assessed valuations at or above the original financial
projections for the Zone. Shadow Creek has been recognized as the fastest selling
planned community in the Houston / Pearland market area and is in fact second in the
entire region behind only the Woodlands. The dramatic growth of the market has created
a demand for additional retail development. The Sub -Developer has verified significant
interest from numerous potential retail tenants and is pursuing agreements with them.
2nd Amendment to TIRZ 2 Project and Financing Plan
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16
DRAFT FOR DISCUSSION ONLY
D. Estimate of Bonded Indebtedness to be Incurred (311.011(c)(4))
This Plan Amendment will increase the estimate of bonded indebtedness in the Plan from
the amount described in the 1st Amendment to the Project Plan and Reinvestment Zone
Financing Plan, by the amount necessary to yield additional net proceeds of $11,749,618.
Both amounts may be adjusted according to the Engineering News Record Index over the
life of the Zone.
E. Time When Related Costs or Monetary Obligations Are To Be Incurred
(311.011(c)(5))
The improvements contemplated in this Plan Amendment will be funded by the Sub -
Developer, shall be considered Sub -Developer Improvements as defined in the Plan and
shall be reimbursed according to the provisions of the amended Plan.
F. Methods of Financing And Sources of Revenue (311.011(c)(6))
The Methods of Financing described in the Plan under F.1 Funding Project Costs remains
unchanged by this Plan Amendment.
Taxing Entity
Zone Years
Percent Participation
City of Pearland
8
100% (a)
9-30
100% (b)
Brazoria County
8-30
38%
Alvin I.S.D.
8-30
100%(c)
(a) 36% to be repaid as an Administrative Cost, provided never more than $0.255
(b) 64% to be repaid as an Administrative Cost, provided never more than $0.44
(c) 25% for non -educational facilities and 75% for educational facilities.
2nd Amendment to TIRZ 2 Project and Financing Plan 17
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G. Total Current Appraised Value (311.011(c)(7))
This amendment has no impact on the current captured appraised value within the Zone
which is $643,473,510 based on certified 2006 values provided by the Brazoria Central
Appraisal District.
H. Estimated Captured Appraised Value (311.011(c)(8))
The estimated captured appraised value within the Sub -Developer's Site (beginning with
2007) is provided in the chart below. These projections are based solely upon anticipated
development to be generated on the Sub -Developer's Site —they do not include any
captured appraised value generated on the land within the site from the base year of the
TIRZ to the present time.
Appraised
Value
Year
Captured
Appraised
Value
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
9,930,000
89,809,441
92,503,724
95,278, 836
98,137,201
101,081,317
104,113,757
107,237,170
110,454,285
113,767,913
117,180, 951
120,696,379
124,317,270
128,046,789
131,888,192
135,844,838
139,920,183
144,117,789
148,441,322
152,894,562
157,481,399
162,205,841
2nd Amendment to TIRZ 2 Project and Financing Plan 18
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DRAFT FOR DISCUSSION ONLY
The following chart shows the revenue projected to be generated from the captured
appraised value on the sub -developer's site, for each expected participant.
Property Tax Revenue (95% Collection)
Appraised
Value
Year
City of
Pearland
Brazoria
County
Alvin
ISD
Total
2007
22,903
12,820
40,229
75,952
2008
207,141
115,948
363,843
686,932
2009
213,355
119,427
374,758
707,540
2010
219,756
123,010
386,001
728,766
2011
226,348
126,700
397,581
750,629
2012
233,139
130,501
409,508
773,148
2013
240,133
134,416
421,793
796,342
2014
247,337
138,449
434,447
820,233
2015
254,757
142,602
447;481
844,840
2016
262,400
146,880
460,905
870,185
2017
270,272
151,286
474,732
896,290
2018
278,380
155,825
488,974
923,179
2019
286,731
160,500
503,643
950,875
2020
295,333
165,315
518,753
979,401
2021
304,193
170,274
534,315
1,008,783
2022
313,319
175,382
550,345
1,039,046
2023
322,719
180,644
566,855
1,070,218
2024
332,400
186,063
583,861
1,102,324
2025
342,372
191,645
601,377
1,135, 394
2026
352,643
197,395
619,418
1,169, 456
2027
363,223
203,316
638,000
1,204,539
2028
374,119
209,416
657,140
1,240,676
Total
5,962,973
3,337,815
10,473,960
19,774,749
H. Duration of Zone (311.011(c)(9))
The duration of the Zone remains unchanged.
2nd Amendment to TIRZ 2 Project and Financing Plan 19
HOUSTON: 018492.00013: 1101393v5
Darrin Coker/COP To Young Lorfing/COP@ci.pearland.tx.us
12/11/2006 10:22 AM cc
bcc
Subject Fw: TIRZ 2 Plan amendments nos.2 & 3
see below
Darrin M. Coker
City Attorney - City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Telephone: 281-652-1664
Fax: 281-652-1679
CONFIDENTIALITY STATEMENT
This message and all attachments are confidential and may be protected by the attorney -client and other
privileges. Any review, use, dissemination, forwarding, printing, copying, disclosure or distribution by
persons other than the intended recipients is prohibited and may be unlawful. If you believe this message .:,.
has been sent to you in error, please notify the sender by replying to this transmission, or by calling the
City of Pearland at (281) 652-1664. Unless expressly stated in this e-mail, nothing in this message should
be construed as a digital or electronic signature. Thank you for you cooperation.
----- Forwarded by Darrin Coker/COP on 12/11/2006 10:22 AM
"Susan Hostetler"
<shostetler@abhr.com> To <DCoker@ci.pearland.tx.us>
12/11/2006 10:07 AM cc
Subject FW: TIRZ 2 Plan amendments nos.2 & 3
Mr. Coker: I have attached the final Project and Financing Plan amendments for the
Pearland TIRZ No. 2. I am not sure who all at the City should get these: presumably
they will should be attached to the Ordinances approving then
s„aa.—mol :1PM,f0 hird amendment). Will you please let me
know who, if anyone, these amendments should be ciruclated to, or forward this email
as appropriate?
Thank you and please call or email with any questions.
Susan Hostetler
Legal Assistant
Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
General Notice
This e-mail may contain information and documents being sent to the Board of Directors for review. If so, this matter
will be discussed at the next Board meeting. Please remember that Board members may not engage in deliberations
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attorney, legal assistant, or administrative assistant for the District.
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Board -adopted 2ndAmendment to Project Plan.doc Board -Adopted 3rd Amendment to Project Plan.doc
shostetler@abhr.com
(713) 860-6432 phone
(713) 860-6632 fax
Original Message
From: Charles Knight[mailto:cknight@knudsonservices.com]
Sent: Tuesday, December 05, 2006 9:20 AM
To: Susan Hostetler
Subject: RE: TIRZ 2 Plan amendments nos.2 & 3
Here you go.
Charles A. Knight, Jr.
KNUDSON & ASSOCIATES LP
"BUILDING BETTER CITIES BY DESIGN"
8588 Katy Freeway Suite 441 Houston Texas 77024
Phone (713) 463-8200 ext 20 Fax (713) 463-8011
Email: cknight@aknudsonservices.com
For more information: www.knudsonservices.com
From: Susan Hostetler [mailto:shostetler@abhr.com]
Sent: Monday, December 04, 2006 7:47 PM
To: Charles Knight
Subject: TIRZ 2 Plan amendments nos.2 & 3
Do you have final plan amendments nos. 2 and 3 yet? The ones I have say draft for
discussion. These are the final drafts, I am positive, but if you re -run the plans once
finally adopted, will you please email me a copy so that I can have the final ones for our
files.
Thank you,
Susan Hostetler
Allen Boone Humphries Robinson LLP
(713) 860-6432 phone
(713) 860-6632 fax
Please note my email address has changed. Although the abhllp.com is still valid, we prefer our new one, abhr.com.
Also please visit our new website abhr.com.
DRAFT FOR DISCUSSION ONLY
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REINVESTMENT ZONE NUMBER TWO
CITY OF PEARLAND, TEXAS
3rd AMENDMENT TO PROJECT PLAN
AND REINVESTMENT ZONE
FINANCING PLAN
1111rmidis
SHADOW
CREEK
RANCH
DRAFT FOR DISCUSSION ONLY
CITY COUNCIL
2006-2007 Council Members
Mayor Hon. Tom Reid
Mayor Pro-Tem Hon. Kevin Cole
Council Member Hon. Richard Tetens
Hon. Helen Beckman
Hon. Steve Saboe
Hon. Felicia Kyle
City Manager William Eisen
3rd Amendment to TIRZ 2 Project and Financing Plan
DRAFT FOR DISCUSSION ONLY
BOARD OF DIRECTORS
2005-2006 Board Members
Position 1
Position 2
Position 3
Position 4
Position 5
Position 6
Position 7
Position 8
Position 9
Donna Coleman
State Senator Designee
Gary Davis
State Representative Designee
Nigel Harrison, Chair
City of Pearland Designee
Gary Cook, Vice Chair
City of Pearland Designee
Ken Phillips
City of Pearland Designee
Jo Knight
City of Pearland / Alvin
Independent School District
Designee
Mike Pyburn
Alvin Independent School District
Designee
Ron Castillo
Fort Bend County Designee
Larry Loessin
Brazoria County Designee
31d Amendment to TIRZ 2 Project and Financing Plan 3
DRAFT FOR DISCUSSION ONLY
3rd AMENDMENT TO THE PROJECT PLAN AND
REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER TWO,
CITY OF PEARLAND, TEXAS (SHADOW CREEK RANCH)
I. OVERVIEW
This 3rd Amendment" to Tax Increment Reinvestment Zone Number Two, City of
Pearland, Texas (the "Zone" or "Shadow Creek Ranch TIRZ") Project Plan and
Reinvestment Zone Financing Plan (the "Plan") is necessary to facilitate the
improvement and widening of Broadway/FM 518.
II. 3rd Plan Amendment
Pursuant to inquiries and requests from Brazoria and Fort Bend Counties regarding
assurances that Broadway/FM 518 be completed from S.H. 288 to F.M. 521 the Zone
boundaries must be amended to include approximately 7 acres of right-of-way, currently
outside the Zone, on which two lanes of Broadway/FM 518 will be constructed. This
right-of-way is situated between Kirby Drive and Kingsley as shown on the map below:
eats
Rd acres
T. "
11,4 arras
41 auto
- rims maul
am.. imli
IIMala MI
00
�Qilrp{III11111/1t
_-A., -
singswig"i
1111 ' 4IHiIlq
rum
7YY.EEu1
Broadway Extension Southem R.O.W.
When adopted, this 3rd Plan Amendment will not amend any portion of the Project Plan
and Reinvestment Zone Financing Plan except as described below. With the adoption of
this 3rd Plan Amendment, by the Board of Directors of the Zone and City Council of
Pearland, the following sections of the Reinvestment Zone Project Plan and Reinvestment
Zone Financing Plan shall be amended as follows:
Proiect Plan
A. Existing Uses and Condition/Boundaries (311.011(b)(1)
3`d Amendment to TIRZ 2 Project and Financing Plan 4
DRAFT.FOR DISCUSSION ONLY
The boundary of the Zone will be amended to include the area described on Exhibit "A"
to this Plan Amendment. Once amended, the boundary of the Zone will be as described
on Exhibit "B."
Reinvestment Zone Financing Plan
A. Estimated Project Cost Description (311.011(c)(1) Section 1. Infrastructure
Improvements.
The estimated costs for Infrastructure Improvements, as described on Exhibit E in the
Financing Plan, are amended to include $8million for construction of Broadway/FM 518,
consisting of $900,000 in engineering and $7.1 million for construction and
contingencies.
B. Kind, Number and Location of TIRZ Improvements (311.011(c)(2)
,,,. The location of the improvements proposed in this amendment is shown on Page 4 of this
amendment.
C. Estimate of Bonded Indebtedness 311.011(c)(4)
The estimated amount of bonded indebtedness will be increased by an amount sufficient
to fund and/or reimburse the estimated $8 million cost of construction of Broadway/FM
518 contemplated herein.
3rd Amendment to TIRZ 2 Project and Financing Plan
5
DRAFT FOR DISCUSSION ONLY
EXHIBIT "A"
October 23, 2006
Job No. 1546-2006-101
DESCRIPTION OF
7 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
ANNEXATION TRACT
Being 7 acres of land, more or less, located in the H.T. &"B.R.R. Co. Survey, Section 81,
Abstract 300, Brazoria County, Texas, and the H.T. & B.R.R. Co. Survey, Section 80, Abstract
564, Brazoria County, Texas, said 7 acres, more or less, being moreparticularly described as
follows;
COMMENCING at the common comer of the H.T. & B.R.R. Co. Survey, Section 80,
Abstract 564, Section 84, Abstract 538, Section 83, Abstract 305 and Section 82, Abstract 565,
Brazoria County, Texas, same being on the centerline of County Road 92 (40-feet wide);
THENCE, SOUTHERLY, 20 feet, more or less, with the common line of said Section 84
and Section 80, to the POINT OF BEGINNING, being on the south right-of-way line of said
County Road 92;
THENCE, EASTERLY, 6253 feet, more or less, leaving said common line, with said
south right-of-way line, to a point for comer,
THENCE, SOUTHERLY, 50 feet, more or less, leaving said south right-of-way line, to a
point for comer on the proposed south right-of-way line of County Road 92;
THENCE, WESTERLY, 6168 feet, more or less, along said proposed south right-of-way
line, to a point for comer, the beginning of a curve;
THENCE, SOUTHWESTERLY, continuing with said proposed southerly right-of-way
line, 55 feet, more or less, along the arc of a curve to the left having a radius of 35 feet, to a
point for comer,
Page 1 of 2
I:1Proldsk1ISURVEY11545120061M&BITIRZ_October 2006 new areadoc
3rd Amendment to TIRZ 2 Project and Financing Plan
6
DRAFT FOR DISCUSSION ONLY
0
7 Acres October 23, 2006
Job No. 1545-2006-101
THENCE, WESTERLY, leaving said proposed southerly right-of-way line, 50 feet more
or Tess, to a point for corner on aforementioned common line of Section 84 and Section 80,
same being the centerline of County Road 48;
THENCE. NORTHERLY, with said common line and centerline, 85 feet, more or less, to
the point of beginning and containing 7 acres of land, more or less.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and Is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
LJA Engineering & Surveying, Inc.
Page 2 of.2
1:1ProjdskllSURVEY11545120061M&BITIRZ_October 2006_new area.doc
3rd Amendment to TIRZ 2 Project and Financing Plan 7
DRAFT FOR DISCUSSION ONLY
EXHIBIT "B"
October 23, 2006
Job No. 1546-2006-101
DESCRIPTION OF
3,931 ACRES, MORE OR LESS
SHADOW CREEK RANCH
CITY OF PEARLAND, TEXAS
TAX INCREMENT REINVESTMENT ZONE NO. 2
REVISED BOUNDARY
Being 3,931 acres of land, more or less, located in the Dupuy and Roberts Survey,
Abstract 726, Brazoria County, William Morris Survey, Abstract 344, Brazoria County, T.C.R.R.
Co. Survey, Section 3, Abstract 678, Brazoria County, T.C.R.R. Co. Survey, Section 4 (John W.
Maxey), Abstract 675, Brazoria County, Obediah Pitts Survey, Abstract 717, Brazoria County,
H.T. & B.R.R. Co. Survey, Section 80 (J.S. Talmage), Abstract 564, Brazoria County, H.T. &
B.R.R. Co. Survey, Section 81, Abstract 300, Brazoria County, H.T. & B.R.R. Co. Survey,
Section 82 (J.S. Talmage), Abstract 565, Brazoria County, H.T. & B.R.R. Co. Survey, Section
83, Abstract 305 in Brazoria County and Abstract 761 in Fort Bend County, the H.T. & B.R.R.
Co. Survey, Section 84, Abstract 538 in Brazoria County and Abstract 767 in Fort Bend County,
S.G. Haynie Survey, Abstract 212 in Brazoria County and Abstract 620 in Fort Bend County,
Franklin Hooper Survey, Abstract 198, Fort Bend County, George W. McDonald Survey,
Abstract 557, Fort Bend County, I.C. Stafford Survey, Abstract 668, Fort Bend County, the H.
Levering Survey, Abstract 279, Fort Bend County, and the A.B. Langermann Survey, Abstract
555, Fort Bend County, said 3,931 acres, more or Tess, being more particularly described as.
follows;
BEGINNING at the common north corner of Lots 3 and 4, Block 10 of the ALLISON-
RICHEY GULF COAST HOME CO'S PART OF SUBURBAN GARDENS, SEC.'S 3 & 4,
T.C.R.R. SURVEY AND SEC. 82, H.T. & B.R.R. CO. SURVEY & OBEDIAH PITTS SURVEY, a
subdivision or record in Volume 2, Page 99 of the Plat Records of Brazoria County, Texas
(B.C.P.R.) also being on the common line of the aforementioned T.C.R.R. Co. Survey, Section 4
and the Dupuy and Roberts Survey;
THENCE, SOUTHERLY, 782 feet, more or less, along the common line of said Lots 3
and 4, to a point for comer on the southerly right-of-way line of Farm to Market Road 2234, 160
feet wide;
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THENCE, EASTERLY, 998 feet, more or Tess, along said southerly right-of-way line and
its easterly extension, to a point for comer on the west line of the J. Crawley Survey, Abstract
174, Brazoria County, Texas;
THENCE, SOUTHERLY, 3,482 feet, more or Tess, along the west line of said J. Crawley
Survey to a point for comer on the centerline of Hughes Ranch Road, also being the southwest
comer of said J. Crawley Survey;
THENCE, EASTERLY, 421 feet, more or less, along the southerly line of said J. Crawley
Survey and along said centerline of Hughes Ranch Road, to a point for comer on the centerline
of State Highway 288;
THENCE, SOUTHELRY, 5,326 feet, more or less, along said centerline of State
Highway 288 to a point for comer on the southerly line of County Road 92, 40 foot wide, a
dedicated road as shown on aforementioned ALLISON-RICHEY GULF COAST HOME CO.'S
PART OF SUBURBAN GARDENS;
THENCE, WESTERLY, 3,195 feet, more or Tess, along the southerly line of said County
Road 92, to a point for comer,
THENCE, SOUTHERLY, 50 feet, more or less, to a point for comer on the proposed
southerly right-of-way line of County Road 92;
THENCE, WESTERLY, with said proposed southerly right-of-way line, 6,168 feet, more
or Tess, to a point for comer, the beginning of a curve;
THENCE, SOUTHWESTERLY, continuing with said proposed southerly right-of-way
line, 55 feet, more or less, along the arc of a curve to the left having a radius of 35 feet, to a
point for comer,
THENCE, WESTERLY, leaving said proposed southerly right-of-way line, 50 feet more
or less, to a point for comer on the centerline of County Road 48 (Old Airline Highway);
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THENCE, NORTHERLY, with said centerline, 35 feet, more or Tess, to a point for comer
on the aforementioned proposed southerly right-of-way line of County Road 92;
THENCE, WESTERLY, with said proposed southerly right-of-way line, 2,640 feet, more
or less, to a point for comer on the east line of that certain called 160.048 acre tract conveyed to
Pearland Investments Limited Partnership by instruments of record under File No. 03-044886
and File No. 2004059020, both B.C.O.R., and on the westerly line of that certain called 522.62
acre tract conveyed to Ashton Southem Trails Joint Venture by instrument of record under Fife
No. 2004002615, B.C.O.R.;
THENCE, SOUTHERLY, along the westerly line of said 522.62 acre tract and the
easterly line of said 160.048 acre tract, passing at a distance of 2,570 feet, more or Tess, the
northwest comer of Lot 1 of Block 84 of Allison Richey Gulf Coast Home Company Part of
Suburban Gardens as recorded in Volume 2, Page 98, Plat Records, Brazoria County, Texas
(B.C.P.R.), continuing in all a distance of 5,212 feet, more or Tess, to a point for comer in the
southerly line of said H.T. & B.R.R. Co. Survey, Section 84, the northerly line of Section 2 of the
H.T.& B.R.R. Co. Survey, Abstract No. 566, Brazoria County, Texas and at the southwest
comer of Lot 4 of said Block 84;
THENCE, WESTERLY, along the common lines of said H.T. & B.R.R. Co. Survey,.
Section 84 and said H.T. & B.R.R. Co. Survey, Section 2, a distance of 2,640 feet, more or less,
to a point for comer, same being the southwest of said Section 84 and in the easterly line of the
Manuel Escalera Survey, Abstract No. 654, Brazoria County. Texas and Abstract No. 169, Fort
Bend County, Texas;
THENCE, NORTHERLY, along the common lines of said H.T.& B.R.R. Co. Survey,
Section 84 and said Manuel Escalera Survey, a distance of 3,194 feet,more or Tess, to a point
for comer, same being the southeast comer of the aforesaid 132.5682 acre tract and the
common east corner of said Manuel Escalera Survey and the aforementioned A.B. Langermann
Survey;
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THENCE, WESTERLY, along the common lines of said Manuel Escalera Survey and
said A.B. Langermann Survey and the southerly line of said 132.5682 acre tract, a distance of
3,359 feet, more or less, to a point for comer, same being the southwest comer of said
132.5682 acre tract and in the easterly right-of-way line of F.M. 521;
THENCE, NORTHEASTERLY, along the easterly of said F.M. 521, 11,715 feet, more or
less, to a point for comer on the centerline of Clear Creek;
THENCE, NORTHEASTERLY, 1327 feet, more or less, along the centerline of Clear
Creek to a point for comer on the aforementioned southerly right-of-way line of Farm to Market
Road 2234;
THENCE, SOUTHEASTERLY, 1519 feet, more or Tess, along said southerly right-of-way
line to a point for comer on the Fort Bend and Brazoria County line;
THENCE, NORTHEASTERLY, 577 feet, more or less, along said county line, to a point
for corner at the common comer of Brazoria, Fort Bend and Harris Counties;
THENCE, NORTHEASTERLY, 2426 feet, more or Tess, along. the Brazoria and Hams
County line, to a point for comer in the aforementioned centerline of Clear Creek;
THENCE, EASTERLY, 8250 feet, more or less, along the centerline meanders of Clear
Creek to a point for comer on the northerly line of aforementioned Lot 3, Block 10 of said
ALLISON-RICHEY GULF COAST HOME CO.'S PART OF SUBURBAN GARDENS, same
being on the aforementioned common survey line of the T.C.R.R. Co. Survey, Section 4 and the
Dupuy and Roberts Survey;
THENCE, EASTERLY, 453 feet, more or less, along said north line of Lot 3, Block 10
and said common survey line to the POINT OF BEGINNING and containing 3,931 acres of land,
more or less.
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"This document was prepared under 22 TAC § 663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared"
10-23-2"(o
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