RTIRZ-2010-03 - 2010-06-07RESOLUTION NO. RTIRZ-2010-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PEARLAND TAX
INCREMENT REINVESTMENT ZONE No. 2 (TIRZ No. 2) BOARD OF
DIRECTORS, APPROVING REIMBURSEMENT OF COMPLETED LETTER OF
FINANCING AGREEMENTS
BE IT RESOLVED BY TIRZ No. 2 BOARD OF DIRECTORS:
Section 1. That the Board of Directors for the Pearland Tax Increment
Reinvestment Zone No. 2 hereby approves reimbursement for the following
Letter of Financing Agreements.
LFA 07-03-001 Village 7 Phase I and Broadway Extension Engineering
LFA08-01-001 Broadway Improvements
LFA08-05-001 Broadway Extension from Kingsley to FM521
LFA08-05-002 Broadway Landscaping — North Side
PASSED, APPROVED, and ADOPTED this 71" day of June, A.D., 2010.
NIGEL HARRISON
TIRZ No. 2 CHAIRMAN
ATTE T-
1 C llu)
MIKE YBUR
TIRZ No, 2 SE RETARY
Mark W. McGrath CPA
mark*,mcgrath-co.com
June 7, 2010
Reinvestment Zone No. Two,
City of Pearland, Texas
Attn: Chairman, Board of Directors
C/o- City of Pearland, Texas
3519 Pearland Drive
Pearland, Texas 77581
McGrath & Co., PLLC
Certified Public Accountants
P.O. Box 270148
Houston, Texas 77277
LlIDDAFT_�
Re: Independent Accountants' Report - Completion of TIRZ improvements:
Dear Mr. Chairman and Members of the Board:
Colette M. Garcia CPA
colette@mcgrath-co.com
As the independent accountant for Reinvestment Zone No. Two, City of Pearland, Texas
(the "Zone"), we have reviewed the completed documentation submitted by Shadow Creek Ranch
Development Company, L.P. (the "Master Developer") and the City of Pearland relating to the
construction of the TIRZ Improvements described by that Letter Financing Agreements noted on
Schedule A (the "Letter Financing Agreements"). By the Letter Financing Agreement, the
Master Developer agreed to pre -finance the design and construction of the TIRZ improvements to
be reimbursed in accordance with the Reimbursement Agreement between the City of Pearland
(the "City"), the Zone and the Master Developer dated September 22, 1999 (the "Reimbursement
Agreement").
Based upon our review of the payments made and of the certification of the Zone's
Engineer, I conclude that the construction of the TIRZ Improvements was conducted and have
been completed in compliance with the Reimbursement Agreement and the document entitled
"TIRZ Implementation and Reimbursement Process" and are in order for reimbursement upon
availability of funds. We therefore recommend that the Zone reimburse the Master Developer the
amounts indicated on Schedule A for the funds advanced to the Zone for the design and
construction of the TIRZ Improvements, which is within the TIRZ budget (adjusted for inflation)
established in the Zone's Project Plan and Reinvestment Zone Financing Plan for the TIRZ
improvements.
In accordance with the Zone's Project Plan and Reinvestment Zone Financing Plan and
the Developer Agreement between the City and the Master Developer dated September 22, 1999,
"developer interest" on this advance shall be calculated at 6.50 percent per annum for up to five
years on the Creation costs and five years from date of completion of construction of the TIRZ
improvements. Based upon this rate of interest, interest due as of the date of the letter is indicated
on Schedule A.
SCHEDULE A
TAX INCREMENT REINVESTMENT ZONE NO.2
CITY OF PEARLAND, TEXAS
RECAPITULATION OF AMOUNTS DUE TO
SHADOW CREEK RANCH DEVELOPMENT COMPANY, L.P. *DRAFT
AND THE CITY OF PEARLAND As of June 7, 2010
Letter Finance A;reement LFA LFA Actual
(LFA) Date Amount Cost
City of Pearland
LFA 08-01-001 (Broadway improvements) 01/15/08 $ 8,449,086 S 5.997,980
Interest * Total
$ 579,392 S 6,577,372
Shadowcreek Ranch Development Company, L.P.
LFA 07-03-001 (Village 7 Phase 1 Broadway) 03/12/07 1,271,499 1,085,783 194,578 1,280361
LFA 08-05-001 (Broadway to FM 521) 05/05108 9,482,989 5,422,198 413,978 5,836,176
LFA 08-05-M (Broadway Landscape -
North Side) 05/05/08 1,158,218 139,948 5,697 143,645
11,912,706 6,647,929 614,253 7,262,182
Totals $ 20,361,792 S 12.645.909 $ 1.193,645 S 13.839,554
• Interest computed through June 7 at 6.50%. Actual interest will be calculated through the date of bond reimbursement.
LJA Engineering & Surveying, Inc.
2929 Briarpark Drive Phone 713,953.5200
Suite 600 Fax 713.953.5026
Houston, Texas 77042-3703 www.Ijaengineering.com
June 7, 2010
Board ct Directors
Reinvestmen" Zone No. 2, {City of Pearland, Texas
c/o City of Pearland. Texas
3519 Liberty Drive
Pearland.Texas 77581
Re: Reinvestment Zone No. 2, City of Pearland, Texas
Completion of TIR7 :Improvements - 31d Plan Amendr..;ent
Described in the Letter Financing Agreement Dated Janu_ta�y 15, 2008
LFA # 08-01-001 -- 3readway improvements from Kirby Drive to Kingsley Drive
LJA Job No. 154:6-0000 (12.9)
Dear Mr. Chairman and Members of the Board:
As the Engineer for Reinvestment Zone Pilo. 2, City of Pearland, Texas (the `Zone"), I have reviewed
the completed documentation submitted by the City of Pearland relating to the TIRZ improvements
described by the Letter Financing Agreement # 08-01-001 dated January 15, 2008 (the "Letter
Financing Agreement'). By the Letter Financing Agreement, the City of Pearland agreed to pre -
finance the design and construction of the TIRZ Improvements to be reimbursed in accordance with
the Reimbursement Agreement between: the City of Pearland and the Zone dated November 13,
2006 (the "Reirnbursernenst Agreement-)
The Letter Financing Agreement states that the budget (adjusted for inflation) established in the
Zone's Project Plan and Re nbY;;t:-nert Zone Financing Plan for the TIRZ lmproverrents is
$8,449,086 plus "develop , inte'-C t calt;:ulated per the Reim bursement agreement.
The City of Peariand has is;j 'd ,. and I Dave reviewed, the necessarydocrurnertation t0 prove e
compliance vv'th ail p�^:e ur,-w ;e' w; in ts,= decurre-nf entitled TiRRZ Project lrrplemerrtation and
Reimbursement Process." E`asedl upon my review, I conclude tha the construction of the TIRZ
Improvement was cowduc'eci ;n co,n:plianoe with the Reimbursement Agreement and the
procedures set forth in the {;IOt',UMent entitled "TIRZ Project Implementation and Reimbursement
Process," is complette, andj Is in o'.dle-i '3r rei±nburse(r:e+ t- 1 therefore recommend that the Zone
reimburse the Ci,y of Pa .. and tf-e a, ;,�)u- t of S5 Jam' 98- fur the funas advanced t"e Zone for the
construction of the Tit, I;i ,.�p �!nncr iC' r 1 i P 3mn^G�1
p �,,< lo-ze- interest' , cal-c , , ed per the R i bu, s ii ant
Agreerent, as apple r <,d^ r� of the costs of the const u(,,t;,;,n of the TIRZ Improvements
iC i gad to ah..,.. �....i..,
If you have any questions, please call me at 713.953.5096.
Sincerely,
James D. Ross, PE
Engineer for the Zone
JDR/dl
Attachment
O:WW01154611546000o1Enginear LFA Letter 08-01-001.doc 4
LJA Engineering, Inc.
June 7, 2010
Broadway Improvements from Kirby Drive to Kingsley Drive
Letter Finance Agreement # 08-01-001
Itemized Summary of Costs
ENR Index Jan. 2006 - 7660
ENR Index Jan. 2008 - 8090
Adjustment - 5.61 %
Approved Budget
Approved Budget
(Adjusted per ENR
Items
(2006 Dollars)
Index)
INFRASTRUCTURE
Streets
Pavement
$
-
$
Lighting
$
-
$
Water System
$
-
$
Wastewater System
$
_
$
Storm Sewer System
$
-
$
Lakes & Channels
$
-
$
Land Cost
$
_
$ _
Landscaping (Includes contingencies and eng.)
$
-
$ _
Major Infrastructure
F.M. 518 Improvements
$
7,100,000
$ 7,498,564
Traffic Signals
$
_
$ -
Contingencies & Engineering
Contingencies (10%)
$
_
$ _
Engineering (15%)
$
900,000
$ 950,522
Master Drainage Plan Costs
$
-
$ -
Environmental Study Costs
$
-
$ _
TOTAL
$
8,000,000
$ 8,449,086
Total Actual Costs
S -
$ 4,848,762
$ 1,149,218
$ 5,997,980
WALAND1154610000%LFA # W-01-001%08.01-001 Engr LV AttachAs
WA Engineering & Surveying, Inc.
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713.9515026
Houston, Texas 77G42.3703 www.liaengineering.com
June 7, 2010
Board of Directors
Reinvestment Zone No. 2, City of Pearland, Texas
c/o City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Zone No. 2, C:zy of Pearland, Texas
Amendment
TIR.7 irnprovements 1 - '� Completion .0. . _
Described in the LeeUar Financing Agreement Dated March 121, 2007
LFA # 07-03-00 Village 7 Phase 1 and Broadway Extension Engineering
U A job No, 1546-01,000 (12.v
Dear Mr. Chairman and Members of the Board:
As the Engineer for Reinvestment ?one No. 2. City of Pearland, Texas (the "Zone"), I have reviewed
the completed documentation submitted by Shadow Creek Ranch Development Company, L.P. (the
"Master Developer") relating to the TIRZ Improvements described by the Letter Financing
Agreement # 07-03-001 dated March 12, 2007 the "Letter Financing Agreement"). By the Letter
Financing Agreement, the Master Developer agreed to pre -finance the design and construction of
the TIRZ Improvements to be re-Urnbursed in accordance with the Reimbursement Agreement
between the City of Pearland, the 7nne
, and the Master Developer dated September 22, 1999 ;the
"Reimbursement Agreement").
The Letter Financing Agreement state;, that the bilsdlget (aaljpusted for inflation) established in the
Zone's Project Plan and Zone Financing Plan, for the TIRZ Improvements is
$1,271,499 plus "developer interas,caniculated per the Reimbursement Agreement.
The Master Developer has Provided, and ! nave revieved, the necessary documentation to prove
con, pliance with all procedures se, forth in tine 11-44-ocumle,-it entifled "TIRZ Project Implementation and
Reimbursement- Process." Based upon my rev�tevj, I conclude that the construction of the TIRZ
improvements was conducted i,) gre
1`1 cornpkiarrce ti,e Re',mbursernent A , ement and 'the
procedures set forth ir. the document en'i'led -Fil'R -7 Project II-no"ementation and Reimbursement
Plrorcess,° is complete, and is in order for reirnoursennent. I therefore recornmend that the Zone
f
reirnbUrse the Master Deve'ope'a a!-nounz of 78-3 f,--,r the funds advanced to the Zone for
the Const'ruction of the TiR2 interest" calculated per the
Reim'Oursem.ent 11'Agreenneit. as app,16cable. A ovin v' the ccsts of the construction, of the
improvements is attached to th7s
If yoL4 have any qiJestlors, C,-), n-lie al' 713
�_ P
James D. Ross, PE
Engineer for the Zone
JDR/dl
Attachment
O:1LAND%1546X154600001EngwWWLFA Leftero7-03-001 doc 40
LJA Engineering, Inc.
June 7, 2010
Village 7 Phase 1 and Broadway Extension Engineering
Letter Finance Agreement # 07-03-001
Itemized Summary of Costs
ENR Index Jan. 2006 - 7660
ENR Index Jan. 2007 - 7880
Adjustment - 2.87%
Items
INFRASTRUCTURE
Streets
Pavement $
Lighting $
Water System $
Wastewater System $
Storm Sewer System $
Lakes & Channels $
Land Cost $
Landscaping (Includes contingencies and eng.) $
Major Infrastructure
F.M. 518 Improvements $
Traffic Signals $
Contingencies & Engineering
Contingencies (10%) $
Engineering (15%) $
Master Drainage Plan Costs $
Environmental Study Costs $
Subtotal $
Annexation Cost $
TOTAL $
Approved Budget
Approved Budget (Adjusted per ENR
(2006 Dollars) Index)
816,000 $ 839,436
70,000 $ 72,010
100,000 $ 102,872
986,000
$
1,014,319
250,000
$
257,180
1,236,000
$
1,271,499
Total Actual Costs
$
846,561
$
68,594
$
70,920
$
986,074
$
99,709
$
1,085,783
W:ILAND1154610000\LFA # 07-03-001\07-03-001 Engr Ur Attach.xls
WA Engineering & Surveying, Inc. `AA
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713,953.5026
Houston, Texas 77042-3703 www.Ijaengineering.com
June 7, 20*10
Board of Direc ors
Reinvestment Zone No, 2, City of PeaJail' , Texas
cio City of Pearland. Texas
3519 Liberty Drive
Pearland. Texas 77581
Re. Reinvestment Zone No 2, City of Peadand, Texas
Completion of TIRZ Improvements - 1s+ Amendment
Described in the Letter Fi lancing Agreement Dated May 5, 2008
LFA # 08-00-001 -- Broadway Extension from Kingsley Drive to FPO 521
LJA Job No. 1548-0000 (12.9)
Dear.Mr. Chairman and Nlernbe s of the Board:
As the Engineer for Reinvestment Zone No, 2, City of Pearland, Texas (the "Zone"), I have reviewed
the completed documentation submitted by Shadow Creek Ranch Development Company, L.P. (the
":Master Developer") relating to the TIRZ improvements described by the Letter Financing
Agreement # 08-05-001 mated May 51 %008 (the 'Letter Financing Agreement'*). By the Letter
Financing Agreement, the Master Developer agreed to pre -finance the design and construction of
the TIRZ Improvements to be reimbursed in accordance with the Reimbursement Agreement
between the City of Pearland, tt.e -'_one, and the Master Developer dated September 22 1999 (the
"Reimbursement A.greemen,").
The Letter Financi,, g .Agreement states that the budget (adjusted for inflation) established in the
Zone's Project Plan a7 cd Re m,estmeni Zone Financing Plan for the TIRZ Improvements is
$97482,989 pies `'devalt r er infe asf" calculated per the Reimbursement Agreement.
The Master Developer m_.=: 'vri:Jeu, and I have reviewed, the necessary documentation to prove
compliance with all procedures s-ct fcih in t1he document entitled "TIRZ Project Implementation and
Reimbursement Process " Based upon my review, i conclude that the construction of the TIRZ
Improvements was coflr ct�J in compiiance wt^ the Reimbursement Agreement and the
procedures set forth in the doo:ument entitled "TIRZ Project Implementation and Reimbursement
Process,: is compiete.. at-,; is f^ rder for reinbursernent. I therefore recommend that the Zone
reimburse the Master Devei pe-r t ee aimount of $5,422.198 for the funds advanced to the Zone for
the construction of the T',Z v. :�-as plu; dev:l�iper Interest" calculated per the
V (T'.
Reim bursement :Agre-ernent, ais apoiicabie. A breakdown of the costs of the col rstruction of the TIRZ
Improvements is attached to th s letter.
if you have any questions piea4 s,=- call me ;at 713,953.5090.
Sincereiv,
James D. Ross, PE
Engineer for the Zone
JDR/dl
Attachment
O:UMDI1546%15460000%Engineer LFA Letter 08-05-001.doc 13
LJA Engineering, Inc.
June 7, 2010
Broadway Extension from Kingsley Drive to FM 521
Letter Finance Agreement # 08-05-001
Itemized Summary of Costs
ENR Index Jan. 2006 - 7660
ENR Index Jan. 2008 - 8090
Adjustment - 5.61 %
Approved Budget
Approved Budget
(Adjusted
per ENR
Items
(2006 Dollars)
Index)
INFRASTRUCTURE
Streets
Pavement
$
200,000
$
211,227
Lighting
$
-
$
-
Water System
$
-
$
-
Wastewater System
$
-
$
-
Storm Sewer System
$
-
$
-
Lakes & Channels
$
-
$
-
Land Cost
$
-
$
-
Landscaping (Includes contingencies and eng.)
$
295,165
$
311,734
Major Infrastructure
F.M. 518 Improvements
$
6,485,600
$
6,849,674
Traffic Signals
$
200,000
$
211,227
Contingencies & Engineering
Contingencies (10%)
$
678,560
$
-
Engineering (15%)
$
1,119,624
$
1,182,475
Master Drainage Plan Costs
$
-
$
-
Environmental Study Costs
$
-
$
-
Subtotal
$
8,978,949
$
9,482,989
Annexation Cost
$
-
$
TOTAL
$
8,978,949
$
9,482,989
Total Actual Costs
$
748,792
$
3,323,815
$
547,577
$
802,014
$
5,422,198
$
5,422,198
W:\LAND11546\0000\LFA # 08-05-001\08-05-001 Engr Ur Attach.xls
UA Engineering & Surveying, Inc. 1AA
2929 Briarpark Drive Phone 713.953.5200
Suite 600 Fax 713.953.5026
Houston, Texas 77042-3703 wwwAjaengineering-Corn
,1 one 7. 201
Beard of Directors
Reinvestment Zone Ni�. 2, -C-U,
c/oC.
i,]i, r;,u of Pearijr.A. Texas
Completion of TIRZ improver eats
Described in the Letter Financing Agreement Dated May 5, 2008
LFA # 08-05-002 - Broadway Landscape (North Side"
LJ.A job No, 1546-0000 (12,9)
Dear Mr. Chairman and Members of the, Board.
As the Engineer for Reinvestment Zone No. 2, City of Pearland. Texas (the "Zone"), I have reviewed
the completed
oleted documentation subr-nifted by Shadow Creek Ranch Development Company, L.P.(the
"Master Developer"') relating to the TIRZ irnprovernients described by the Letter Financing
Agreement # 08-05-002 dated May 5, 2008 (Vie "Letter Financing Agreement'}. By the Letter
Financing Agreement. the Master Developer agreed to pre -finance the design and construction of
the TIRZ improvements to be reirno-ursed in accordance with the Reimbursement Agreement
bebt4een the City of Pearland. t�-,e Zone, and the Master Developer dated September 22, 1999 (the
"Reirnbursernent Agreement".),
The Letter Financing Agreement states t1hat the budget (ad,'i,-jsted for inflation) estabiished in the
Zone's Project Pian, and Re'Jv.,e,vtMent Zone Fioancing 1.`71an, for the TIRZ Ianprovements is
$1.158,213 pies "developer inlter est' cal-Oulated pee ti e Re!nmbursern.ent Agreement.
The Master Deavejoper hps - . t - i. J. and I have revi;z,,,,,iP.-,,,,, tnie necessary documentation to prove
ccrnpiian--a w;th a'! procedu,es set lo rin In the doc-liment enfide' T i--Z Project implementation a,nd
Reimbursement Pocess." Bated upon my, revievy, I conciude That the construction of the TIRZ
lmprovements was coni.11uctad in caornpiiance with the Reirnb,.rsernent Agreement and the
proced--,ires se� fo,�h in tne d,-,.,�;u,m-ent enticed 'Ti-R7 P-,-O�ect lmpleirn—,.Iat'on and Reimbt.!� ement
;S
Process," is cofnpie.,e, is ,i of -der for (arrntcursei-ner i 4r; e? ?end that the Zone
C I " tu 4-
relmt�urse the M�mjste-r es to �ne of !1;3 1319,918 1 rt�e f nds advanced to the 'one for the
con st-,jc+;,C)n cf the TIRZ Wius 'deiel;ter Pei- the Rein-ibursement
Agreernem, as A deajied bre.akdovii of tl,e ccs-13 of 10h,� constructioni of the T!RZ
l,Tprove!-qe-,!-,+s is @04ac!led to tt--is let�--arl
if you ra`;je aTr;'ji qt.iesttorls. call rn� at
James D. Ross, PE
Engineer for the Zone
JDR1d1
Attachment
0 X1-AND115461154600001Engineer LFA Letter 06-05-002,doc
LJA Engineering, Inc
June 7.2010
Broadway Landscape (North Side)
Letter Finance Agreement # 08-05-002
Itemized Summary of Costs
ENR Index Jan. 1999 - 6000
ENR Index Jan. 2008 - 8090
Adjustment - 34.83 %
Items
INFRASTRUCTURE
Streets
Pavement
Sidewalks
Landscaping and Irrigation
Entry Monuments
Water System
Wastewater System
Storm Sewer System
Lakes 3 Channels
Improvements
Land Cost
Parks & Recreation
Improvements
Land Cost
Major Improvements
Water Plants
Improvements
Land Cost
W. W.T. P
Lift Station
Traffic Signals
McHard Rd Reimbursables
Miscellaneous
Signal
FM 2234 Bridge Widening
SH 288 Access Road
Contingencies 3 Engineering
Contingencies (10 %)
Engineering (15 %)
Subtotal
ZONE ADMINISTRATIONICRETION
TIRZ Administration (1-3 yrs.)
Reimbursable TIRZ Creation Costs
Subtotal
TOTAL
CITY FACILITIES
Library
Improvements
Land Cost
Fire I Police Station
Improvements
Land Cost
Subtotal
EDUCATIONAL FACILITIES
AISD Elementary School
AISD Jr. High School
AISD Fresh/Soph CampusHigh School
FBISD Elementary School
FBISD Middle School
Subtotal
GRAND TOTAL
Approved Budget
Approved Budget (Adjusted per ENR
(1999 Dollars) Index) Total Actual Costs
$ 600,000 $ 809,000 $ 106,342
$ 100,000 $ 134,833 $
$ 60,000 $ 80,900 I $ -
$ 99,000 $ 1 33. 485
$ 33,606.30
$ 859,000 $ 1.,58,218 $ 139.948
$ $ S
$ $ S
$ 859,000 $ 1,1S8,218 S 139,948
-
S-
a
$ S
$
$ 859,000 $
1,158,218
f 139,9,
w'0 WO"0208-054)02 Engr ur roach dis
May 25, 2010
Pearland Reinvestment Zone No. Two
Board of Directors
3519 Liberty Drive
Pearland, TX 77581
Re: Completion of TIRZ Improvement LFA 08-01-001 Broadway Improvements
Dear Board of Directors:
I have reviewed the procedures followed by Shadow Creek Development Company, L.P.
and the City of Pearland related to the implementation of the Zone project referenced
above. Pursuant to the Letter of Financing Agreement, the City of Pearland agreed to
pre -finance costs associated with the design and construction of this project and to be
reimbursed in accordance with the Reimbursement Agreement between the City of
Pearland and the Zone dated November 13, 2006.
Based upon my review of the TIRZ Project Implementation Plan and Reimbursement
Process and the Letter of Financing Agreement and based upon the Engineer's letter
stating that construction is complete and in order for reimbursement, I conclude that the
above LFA qualifies for reimbursement.
Sincerely,
Claire Bogard
City of Pearland, TX
Director of Finance
May 25, 2010
Pearland Reinvestment Zone No. Two
Board of Directors
3519 Liberty Drive
Pearland, TX 77581
Re: Completion of TIRZ Improvement LFA 07-03-001
Village 7 Phase 1 and Broadway Extension Engineering
Dear Board of Directors:
I have reviewed the procedures followed by Shadow Creek Development Company, L.P.
related to the implementation of the Zone project referenced above. Pursuant to the
Letter of Financing Agreement, the Master Developer agreed to pre -finance costs
associated with the design and construction of this project and to be reimbursed in
accordance with the Reimbursement Agreement between the City of Pearland, the Zone,
and Master Developer dated September 22, 1999.
Based upon my review of the TIRZ Project Implementation Plan and Reimbursement
Process and the Letter of Financing Agreement and based upon the Engineer's letter
stating that construction is complete and in order for reimbursement, I conclude that the
above LFA qualifies for reimbursement.
Sincerely,
Claire Bogard
City of Pearland, TX
Director of Finance
May 25, 2010
Pearland Reinvestment Zone No. Two
Board of Directors
3519 Liberty Drive
Pearland, TX 77581
Re: Completion of TIRZ Improvement LFA 08-05-001
Broadway Extension from Kingsley Drive to FM521
Dear Board of Directors:
I have reviewed the procedures followed by Shadow Creek Development Company, L.P.
related to the implementation of the Zone project referenced above. Pursuant to the
Letter of Financing Agreement, the Master Developer agreed to pre -finance costs
associated with the design and construction of this project and to be reimbursed in
accordance with the Reimbursement Agreement between the City of Pearland, the Zone,
and Master Developer dated September 22, 1999.
Based upon my review of the TIRZ Project Implementation Plan and Reimbursement
Process and the Letter of Financing Agreement and based upon the Engineer's letter
stating that construction is complete and in order for reimbursement, I conclude that the
above LFA qualifies for reimbursement.
Sincerely,
Claire Bogard
City of Pearland, TX
Director of Finance
May 25, 2010
Pearland Reinvestment Zone No. Two
Board of Directors
3519 Liberty Drive
Pearland, TX 77581
Re: Completion of TIRZ Improvement LFA 08-05-002
Broadway Landscaping — North Side
Dear Board of Directors:
I have reviewed the procedures followed by Shadow Creek Development Company, L.P.
related to the implementation of the Zone project referenced above. Pursuant to the
Letter of Financing Agreement, the Master Developer agreed to pre -finance costs
associated with the design and construction of this project and to be reimbursed in
accordance with the Reimbursement Agreement between the City of Pearland, the Zone,
and Master Developer dated September 22, 1999.
Based upon my review of the TIRZ Project Implementation Plan and Reimbursement
Process and the Letter of Financing Agreement and based upon the Engineer's letter
stating that construction is complete and in order for reimbursement, I conclude that the
above LFA qualifies for reimbursement.
Sincerely,
Claire Bogard
City of Pearland, TX
Director of Finance