Loading...
Ordinance No. 13,317ORDINANCE NO. 13,317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH GOOSE CREEK LIVE - WORK, L.L.C.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a Chapter 380 Economic Development Agreement with Goose Creek Live -Work, L.L.C. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/ 100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent (25 %). Section 4: This ordinance shall take effect City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative Baytown this the 13'h day of October, 2016. APPROVED AS TO FORM: NACIO RAMIREZ, SR., Cit Attomey and after its passage by the of the City Council of the City of DONCARLOS, ��pYTOWp� il; "%cobfsO l `dept- KareW.Files •City CounciBOrdinances\201 B October 13MOEconomicDevelopment AgreementOrdinance4GooseCreekLive- Work.doc Exhibit A CITY OF BAYTOWN / GOOSE CREEK LIVE -WORK, L.L.C. CRAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF HARRIS This Chapter 380 Economic Development Agreement ( "Agreement ") is made and entered into by and between GOOSE CREEK LIVE -WORK, L.L.C. (the "Developer ") and the CITY OF BAYTOWN, TEXAS, a home rule city and municipal corporation, located in Harris and Chambers Counties, Texas (the "City "). RECITALS WHEREAS, the Developer desires to restore, repair, redevelop and operate a multi - family dwelling complex (the "Project ") located at 612 W. Texas Avenue (the "Property"); and WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Gov't Code, the City may establish and provide for the administration of a program for making loans and grants of public money to promote state or local economic development and to stimulate business and commercial activity in the City of Baytown; and WHEREAS, in accordance with Chapter 380, Texas Local Gov't Code, the City hereby establishes such a program to provide incentives and financial assistance to the Developer to encourage and promote the development of the Property thereby enhancing and stimulating business and commercial activity in the City of Baytown; and WHEREAS, as part of the Program and as a material inducement to the Developer developing the Project on the Property, the City has agreed to offer incentives to the Developer, including, but not limited to, an economic development grant, which will enable the Developer to develop the Project on the Property; and WHEREAS, the Developer has agreed, in exchange and as consideration of the incentives provided by the City to satisfy and comply with certain terms and conditions, including the restoration, repair, redevelopment and operation of the Project on the Property; and WHEREAS, the City and the Developer agree that the provisions of this Agreement substantially advance a legitimate interest of the City by promoting economic development and new and /or expanded business development in the area; NOW, THEREFORE, in consideration of the mutual benefits and promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer agree as follows: Chanter 380 Economic Development Agreement, Page I 1. Recitals 1.01 Recitals. The recitals set forth above are declared true and correct and are hereby incorporated into and made a part of this Agreement. 1.02, Public Pu_pr ose. The City funds that the benefits provided by the Developer and described in Article V promote economic development in the City of Baytown and stimulate business and commercial activity in the municipality. II. Authority 2.01 City's Authority. The City's execution of this Agreement is authorized by Chapter 380 of the Texas Local Government Code and constitutes a valid and binding obligation of the City. 2.02 Developer's Authority. The Developer's execution and performance of this Agreement constitutes a valid and binding obligation of the Developer to develop the Project on the Property. 1111. Definitions 3.01 "City Improvements" means and includes those improvements, if any, necessary as determined by the City's Director of Engineering to extend water and sewer- lines to the property line of the Property. 3.02 "Codes" means and includes the Codes of the City of Baytown, Texas, including, but not limited to, the Code of Ordinances, Baytown, Texas; the National Electrical Code; the International Plumbing Code; the International Mechanical Code; the International Fire Code and the International Building Code, as adopted by the City of Baytown, Texas. 3.03 " Economic Development Grant" means the payment of TWO HUNDRED TEN THOUSAND AND NOA 00 DOLLARS ($210,000.00) made by the City in installments solely from monies received from the MDD for the Project pursuant to Section 6.01 of this Agreement. 3.04 "Effective Date" is the date upon which the City Manager executes this Agreement. 3.05 "Force Majeure" means any (a) strike, lock -out or other labor troubles, (b) failure or shortage of electrical power, gas, water, fuel oil, or other utility or service, (c) riot, war, insurrection or other national or local emergency, (d) accident, flood, fire or other casualty, (e) other act of God, or (f) other cause similar to any of the foregoing and beyond the control of the person in question. 3.06 "HCAD" means the Harris County Appraisal District or its successor. 3.07 "Maximum Contribution" means the aggregate total of the following: Y Economic Development Grant, and Z the City's cost of the City Improvements. 3.08 "MDD" means the Baytown Municipal Development District. Chapter 380 Economic Development Aereement, Page 2 3.09 "Minimum Developer Investment" means the Developer's investment of at least ONE MILLION FOUR HUNDRED THOUSAND AND NO/] 00 DOLLARS ($1,400,000.00). 3.10 "NEZ" means the City's neighborhood empowerment zone created pursuant to Chapter 378 of the Texas Local Government Code. 3.11 "Project" means the restoration /repair /redevelopment and operation of a multi- family complex on the Property with at least thirty-four (34) units. 3.12 "Program" means the economic development prugram for this Project established by the City pursuant to Texas Local Government Code Chapter 380 to promote local economic development and stimulate business and commercial activity within the City. 3.13 "Property" means the land and improvements located at 612 W. Texas Avenue, Baytown, Harris County, Texas, and more particularly described as Lot 2, Block 3, Pruett Estates Section 2, Harris County, Texas. 3.14 "Term" means the length of this Agreement which shall commence on the Effective Date and end ten (10) years after the issuance of the certificate of occupancy, unless terminated sooner as provided in this Agreement. IV, Contingency 4.01 Contingency. This Agreement and the obligations of the Developer and the City are expressly contingent upon the Developer providing the City a general scope of work complete with building elevations as well as building and unit floor plans sealed by a professional engineer /architect licensed in the State of Texas detailing the work necessary for the repair and renovation of the Property that when constructed will fully satisfy the Code and the terms hereof and the time for completion of the same, which scope of work must be approved by the City Manager within thirty (30) calendar days of the Effective Date. V. Developer's Obligations 5.01 Cortunitment to Develop. a. The Developer hereby agrees to develop the Project in conformance with all applicable laws, rules and regulations of the City and any other goverrunental entity having authority over the Project, so that, upon approval by the Chief Building Official of the City, the Project fully satisfies the Code in accordance with a scope of work approved by the City Manager detailing the events and times of completion of each event: 1. The design of the Project, including all necessary plans and specifications must be (i) sealed by a professional engineer /architect licensed in the State of Texas, (ii) finally completed and sufficient for construction and (iii) submitted for approval for both scope and design by the City Manager on or before February 28, 2017 2. The Project must be finally completed and the Developer must have obtained a certificate of occupancy on or before April 30, 2018. Chapter 380 Economic Development Agreement, Page 3 Prior to any construction activity, excluding asbestos abetment, interior demolition and removal of mechanical equipment, on the Property, the Developer must obtain the written approval of the City's Director of Engineering and the City Manager of the plans and specifications for the Project, which approval shall not to be unreasonably withheld, conditioned or delayed. b. Compliance with the Code shall include, but not be limited to, performing environmental cleanup of the Property if any is required; providing sealed construction drawings; employing licensed professionals for those development activities required to be made by a licensed professional pursuant to the Codes; obtaining or causing to be obtained all required permits pursuant to the Codes; obtaining and satisfying all required inspections; and obtaining a Certificate(s) of Occupancy for the Project on or before April 30, 2018. 5.02 Investment. Between the Effective Date and July 31, 2018, the Developer will make an investment in the real property improvements on the Property equal to or greater than the Minimum Developer Investment. 5.03 Creation of Taxable Value. By January 1, 2019, the Project must have a taxable value of at least ONE MILLION AND NO 1100 DOLLARS ($1,000,000.00) as assessed by HCAD and the Developer shall maintain such taxable value throughout the Term. 5.04 Payment Obligations. The Developer will pay before delinquency all property taxes, special assessments (including any special assessments imposed on or against the Property for constructing or improving the Property), and governmental charges of any kind, if any, imposed on any personal property located on the Property during the Term. 5.05 Maintenance. During the Term, the Developer agrees at its own cost and expense to operate and maintain the Property and the Project in full compliance with all codes, rules and regulations of the City as well as all other governmental entities having jurisdiction over the Property and the Project. All maintenance, repair, alteration, and /or construction work undertaken by the Developer shall be done in a work - manlike manner. 5.06 Failure to Meet Obliizations. In the event that the Developer fails to fulfill its obligations under the performance guidelines contained in Article V after receipt of notice and expiration of the cure period described in Section 8.02 below, the City may, at its option, terminate this Agreement, whereupon the Developer shall be required to reimburse the City within thirty (30) days for the Economic Development Grant paid by the City pursuant to this Agreement in accordance with the following schedule based upon the year of the breach: Year of Breach (eonnnencing after the issuance of the certificate of occupancy) Percentage to be Reimbursed 11'% :1' .1' 1' Chanter 380 Economic Development Agreement. Page 4 VT. City's Obligations 6.01 Economic Development Grant. (a) Subject to subsection (b) of this section, the City will pay the Developer the Economic Development Grant in two installments as follows: (1) ONE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($160,000.00) within thirty (30) days after both (i) the issuance of the certificate of occupancy for the Project and (ii) the receipt of a written payment request for such amount from the Developer; and (2) FIFTY THOUSAND AND NO/ 100 DOLLARS ($50,000.00) within thirty (30) days after both (i) the first anniversary of the issuance of the certificate of occupancy for the Project and (ii) the receipt of a written payment request for such amount from the Developer. (b) The Developer understands and agrees that the payment of this Economic Development Grant is to be paid from funds the City collects from the MDD for this purpose and the City shall pay these grants to the extent funds are received by the MDD. Should the City not collect funds from MDD for this purpose, the City shall endeavor to budget monies in the following fiscal year to pay any amounts not paid by the MDD. The Developer agrees not to make any claims against the City for any monies other than those collected from the MDD for this purpose or those appropriated by the City for this purpose consistent with this section. 6.02 NEZ. In accepting the Economic Development Grant under this Agreement, the Developer waives any right to apply for or otherwise to seek any monies under the City's Downtown Facade Improvement Program or any other program of the City that reimburses the Developer for improvements to the facades of the Project. However, the waiver of the right to receive benefits under the City's Downtown Facade Improvement Program shall not constitute a waiver of the right to apply for or to receive other incentives under the City's NEZ. 6.03 City Improvements. The City shall design and construct City Improvements if needed. The City shall endeavor to complete the same on or before the issuance of the certificate of occupancy for the Project. Tt is expressly understood and agreed that should the City for any reason fail to complete the City Improvements on or before April 30, 2018, the date for the Developer (i) to obtain its certificate of occupancy as required in Sections 5.01 and 7.02 and (ii) to make the Minimum Developer Investment as required by Section 5.02 shall be extended until ten (10) days after the completion of the City Improvements. Chanter 380 Economic Development Agreement. Page 5 6.04 Maximum Contribution. It is expressly understood and agreed that the Maximum Contribution is capped at TWO HUNDRED SIXTY THOUSAND AND NO/] 00 DOLLARS ($260,000.00) and that nothing contained in this Agreement shall require the City to provide incentives under this Agreement that cumulatively exceed the Maximum Contribution. Article V11. Certificate of Compliance and Recapture 7.01 Certificate of Compliance and Inspection. (a) On or before February lst of each year during the Term of this Agreement, the Developer shall complete the Certificate of Compliance attached hereto as Exhibit "A" and deliver such Certificate of Compliance to the City. The form is subject to revision by the City in its sole discretion; provided, however, the Certificate of Compliance may only require certification of information necessary to verify that the Developer has complied with specific ternis and conditions of this Agreement. (b) The City, and/or its representative(s) has the right to inspect only such pertinent records of the Developer as are reasonably necessary to verify compliance with all requirements of this Agreement. Inspections shall be preceded by at least two weeks' notice in writing to the Developer. The City shall identify to the Developer the specific reason it is seeking information and the Developer will identify and provide specific information responsive to the City's request. The Developer shall make copies of the pertinent records available to the City at the Project site or deliver them directly to the City. 7.02 Failure of Developer to Meet Obligations. In the event that the Developer fails to obtain a certificate of occupancy for the Project on or before April 30, 2018, the Developer shall be in default and not withstanding any other rights provided to the City under this Agreement, the City's obligations to make City Improvements and to pay any monies under the Economic Development Grant shall be extinguished and the City may terminate this Agreement. VIII. General Terms 8.01 Mutual Assistance. The City and the Developer will do the things commercially reasonable, necessary or appropriate to carry out the terms and provisions of this Agreement. 8.02 Default. a. The City shall have the right to declare the Developer in default if the Developer: Fails to snake any payment of money due to the City under this Agreement within seven (7) days after written notice of the failure shall have been given to the Developer; or 2. Defaults in the performance of any other obligation imposed upon the Developer by this Agreement and does not cure the default within thirty (30) days after written notice describing the default in reasonable detail shall have been given the Developer or, if the City in its reasonable discretion, detennines that the default cannot reasonably be cured within the thirty (30) day period, if the Chanter 380 Econonuc Develooment Agreement. Page 6 Developer does not commence curative work within the thirty (30) day period and prosecute the work to completion with diligence. b. Unless otherwise stated in this Agreement, if the Developer commits a default, the City shall give the Developer a written notice specifying the default and the Developer shall have the following periods of time to cure the default: In the case of a failure to pay money, the Developer must remedy the default within seven (7) days from the receipt of the notice. In all other cases with the exception of those cases hereinabove specified where the Agreement is subject to immediate termination by the City, the default must be cured within thirty (30) days from the receipt of the notice or, if the default is not reasonably susceptible of being cured within the thirty (30) day period, commence curative work within the thirty (30) day period and prosecute it to completion with diligence. C. In the event of a default by the City, the Developer shall give the City written notice of the defaults and the City shall have thirty (30) days in which to cure such default, or, if the default is not reasonably susceptible of being cured within the thirty (30) day period, continence curative work within the thirty (30) day period and prosecute it to completion with diligence. d. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder due to a force majeure and the time for performance shall be automatically extended by the period the party is prevented from performing its obligations hereunder due to a force majeure and all payment obligations of the City shall be extended until the Developer obtains a new certificate of occupancy, if applicable, and commences operation of the Project. 8.03 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the Developer hereby agree that no claim or dispute between the City and the Developer arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the Developer consents to be joined in the arbitration proceeding if the Developer's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. 8.04 Entire Agreement. This Agreement contains the entire agreement between the parties. All prior negotiations, discussions, correspondence, and preliminary understandings between the parties and others relating hereto are superseded by this Agreement. This Agreement may only be amended, altered or revoked by written instrument signed by the City and the Developer. 8.05 Authority to Enter Contract. Each party has the fall power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Chapter 380 Economic Development Agreement, Page 7 Agreement hereby represent that they have authorization to sign on behalf of their respective entities. 8.06 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 8.07 Assignment. Except as otherwise provided in this Agreement, neither party may assign, transfer or mortgage all or part of its rights and obligations to a third party without the prior written approval of the other party, which shall not be unreasonably withheld, conditioned or delayed. 8.08 Release. By this Agreement, the City does not consent to litigation or suit, and the City expressly revokes any consent to litigation that it may have granted by the terms of this agreement or any other contract or agreement, any charter or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or in part the City's sovereign immunity. The Developer assumes fall responsibility for its obligations under this Agreement performed hereunder and hereby releases, relinquishes, discharges, and holds harmless the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any and all damages caused by or alleged to be caused by, arising out of, or in connection with this Agreement. This release shall apply with respect to the Developer's work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 8.09 Notice. Any notice and /or statement required or permitted to be delivered shall be deemed delivered by actual delivery, by e -mail with electronic receipt confirmation, or by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses: DEVELOPER: Goose Creek Live -Work, L.L.C. Attn: Managing Member P.O. Box 239 Baytown, TX 77522 With copy to: Roy L. Fuller Attorney at Law 300 Rollingbrook Street Baytown, TX 77521 CITY: City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas 77522 With copy to: City of Baytown Attn: City Attorney 2401 Market Street Baytown, Texas 77520 Chapter 380 Economic Development Agreement, Page 8 Either party may designate a different address at any time upon written notice to the other party. 8.10 Interpretation. Each of the parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute regarding its meaning or application, be interpreted fairly and reasonably and neither more strongly for, nor against any party. 8.11 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws of the State of Texas and venue shall lie in the State courts of Harris County, Texas. 8.12 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable under present or future laws, and in that event, it is the intention of the parties that the remainder of this Agreement shall not be affected. It is also the intention of the parties that in lieu of each clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 8.13 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 8.14 No Third Party Beneficiaries. This Agreement is not intended to confer any rights, privileges or causes of action upon any third party. 8.15 No Joint Venture. It is acknowledged and agreed by the parties that the terms of this Agreement are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, its past and future officers, elected officials, employees and agents do not assume any responsibilities or liabilities to any third party in connection with the Property, Project or the design, construction or operation of any portion of the Project. 8.16 Right to Inspect Proiect/Property. During the Term, the City has the right to inspect the Property and the improvements thereon at all reasonable times during the period of this Agreement to ensure compliance with the terms and conditions of this Agreement. 8.17 Exhibit. The following Exhibit "A" is attached and incorporated by reference for all purposes. Exhibit "A ": Certificate of Compliance 8.18 Non - Waiver. Failure of either party hereto to insist on the strict performance of any of the agreements contained herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 8.19 Release. The Developer assumes full responsibility for its obligations under this Agreement performed hereunder and hereby releases, relinquishes, discharges, and holds harmless the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss Chapter 380 Economic Development Agreement, Page 9 of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Developer's obligations to be performed hereunder. This release shall apply with respect to the Developer's obligations regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 8.20 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 8.21 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year opposite their signatures. ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney Chanter 380 Economic Development Agreement, Page 10 CITY OF BAYTOWN, TEXAS RICHARD L. DAVIS, City Manager (Date) - - -- -- -- — — GOOS EE IVE -WORK, L.L.C. CHR ISTOPH R PRESLEY Member Manager ( Date) �Manager U0 % ARTHU PRESLEY, JR. Member (Date) -- -- - - -_— STATE OF TEXAS § COUNTY OF j 1' R l 5 § Before me, �06JCG Manc�i� , the undersigned notary public, on this day personally appeared Christopher Presley, the Managing Member of Goose Creek Live -Work, L.L.C. known tome _ _ ved to me on the oath of r proved to me through his current qGj idescription of identification card or other document issued by the federal government or any state (check one) government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this``day of 6L.4 herL , 2016. ANDREA MENDOZA • a Notary ID 1 126513183 My COmmisslon Expires Public in and or the St to exas May 9, 2020 My conunission expires: G I a STATE OF TEXAS § COUNTY OF , S § Before me,� Q� C/L the undersigned notary public, on this day personally appeared Arthur A. Presley, the Member of Goose Creek Live -Work, L.L.C. known tome pro to me on the oath of r roved to me through his current (l {description of identification card or other document issued by the ederal government or any state (check one) government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and conside a n therein ex ressed. Given under my hand and seal of office this day of 2016. Chanter 380 Economic Development Agreement, Page I I Notary Public in and for the State o as ANDREA MENDOZA Notary ID # 126513183 My Commission Expires ! "++.a.d'' May 9, 2020 ANDREA MENDOZA Notary ID # 126513183 MY commis 3183 Expires May g, 2020 R :IKaremFi Ies \Contracts \Teens Exhibit "A." Page Solo My commission expires 380 Agreemenr380A ^reen,enUP)202016 doc Exhibit G6A" Economic Development Agreement Reporting Form City of Baytown REPORTING YEAR 20 1.0 Investment Investment by July 31, 2018: 2.0 Value. HCAD appraised value for reporting year: $ I, , the authorized representative of Developer, hereby certify that the above information is correct and accurate pursuant to the terms of the Agreement. STATE OF TEXAS § COUNTY OF § DEVELOPER (Signature) (Printed Name) (Title) The foregoing instrument was acknowledged before me on this the _ day of represent ve of 20 , by as the authorized ati [ SEAL ] Notary Public in and for the State of Texas Exhibit "A." Page Solo