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RTIRZ-2013-05 (2) RESOLUTION NO. RTIRZ — 2012- 05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PEARLAND TAX INCREMENT REINVESTMENT ZONE #2 (TIRZ #2) BOARD OF DIRECTORS, APPROVING A LETTER FOR FINANCING AGREEMENT WITH 518SCR, LTD. FOR VILLAGE 7 PHASE 1, LFA 12-006-001 Whereas the Board, City of Pearland, and 518SCR LTD. entered into a Sub- Developer Reimbursement Agreement dated November 14, 2011 to provide for financing and construction of improvements to serve land within the Zone; BE IT RESOLVED BY TIRZ #2 BOARD OF DIRECTORS: Section 1. That the Board approve the Letter of Financing Agreement for Village 7, Phase I in an amount not to exceed $8,824,599 plus developer interest pursuant to the agreement. - (Exhibit A) PASSED, APPROVED, AND ADOPTED this 11th day of June A.D 2012. yY /, �` TIRZ #2 CHAIRMAN ATTE T: TIRZ 2 SECRETARY REINVESTMENT ZONE NO. TWO, CITY OF PEARLAND, TEXAS (518SCR, LTD.) June 11, 2012 518SCR, Ltd. c/o Perry Homes RESOLUTION NO. RTIRZ NO. 2012-05 P.O. Box 34306 EXHIBIT"A" Houston, TX 77234 Attn: Richard C. Hale Re: Financing for TIRZ Improvements: Village 7 Phase 1;TIRZ Project No. 12- 06-001 Dear Mr. Hale: The City of Pearland, Texas (the "City"), Reinvestment Zone No. Two, City of Pearland, Texas (the "Zone"), and 518SCR, Ltd. (the "Sub-Developer") entered into a Sub-Developer Reimbursement Agreement (the "Reimbursement Agreement") dated November 14, 2011, to provide for the financing and construction of TIRZ Improvements to serve land within the Zone. The Zone and the Sub-Developer have determined to proceed with the design and construction of the following TIRZ Improvements in accordance with the Reimbursement Agreement: Village 7 Phase 1;TIRZ Project No. 12-06-001 Attached to this letter is a map showing the area which is benefited by the TIRZ Improvements over which the available Tax Increment will be applied for purposes of determining when reimbursement is made. The Sub-Developer has agreed to pre- finance the design and construction of the TIRZ Improvements to be reimbursed in accordance with the Reimbursement Agreement. The Zone hereby gives its approval to proceed with the construction of the above described TIRZ Improvements. All procedures set forth in the document entitled "TIRZ Project Implementation and Reimbursement Process" must be followed and letters from the Zone's Engineer certifying the completion of the TIRZ Improvements and from the Zone's Auditor must be issued before the Zone will reimburse the Sub-Developer. The Zone's Engineer has determined that the budget (adjusted for inflation) established in the Zone's Project Plan and Reinvestment Zone Financing Plan for the above described TIRZ Improvements is $8,824,599 plus "developer interest" calculated per the Zone's Project Plan and Reinvestment Zone Financing Plan. The Zone is not obligated to reimburse the Sub-Developer for any amount in excess of that budgeted amount plus "developer interest." In accordance with the Zone's Project Plan and 387416 1 Reinvestment Zone Financing Plan, as amended, "developer interest' on these TIRZ Improvements will be simple interest calculated at 6.5 percent per annum for five years. This agreement was duly authorized at a meeting of the Board of Directors of the Zone held on the 11th day of June, 2012. Very truly yours, REINVESTMENT ZONE NO. TWO,CITY OF PEARLAND,TEXAS (SHADOW CREEK RANCH) By. ' Chair, Board of Directors ATTEST: By: tit cretar ,Board of Directors AGREED TO AND ACCEPTED THIS 11th DAY OF June , 2012. 518SCR,LTD., a Texas limited partnership By: PWSA, Inc., a Texas corporation, as the Sole General Partner By: Name: Richard C. Hale Title: Senior Vice President 387416 2 SE;.I SF =' .B t -- t sus - 5146 A SF-6 _ - 9FA _ t2` mil? SF.11 BENIFITTED AREAS REINVESTMENT ZONE NO. 2, CITY OF PEARLAND,TEXAS SCALE 1.C.<00 FEET 1st Amendment VILLAGE 7 PHASE 1 PROJECT NO. 12-06-001 Legend LI. LA ALL AREAS BENEF'T 00411117 NO 1 J08 NO- ,^ATE