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HomeMy WebLinkAboutRES 23-288RESOLUTION NO, 23-288 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with Beaumont AG, LP for economic development incentives to include; building fee waivers (not including tap and meter fees) and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 4390 W. Cardinal Drive. The n-teeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of B 2023. this the I Oth day of October, - Mayor Roy West DocuS[gn Fnvotope 10:5BC623BA-Flu3-444C-AD39-2FBD97951367 RICII W1Y11 oPPo117 UNITY 111114111100( T ` E ` x ' " - 0 CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested, Please review the Neighborhood Empowerment Zone guidelines carefiilly before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeking: x Building Fee Waivers x Expedited Permit Review Lien Waiver's Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: Beaumont AG, LP; 9 Greenway Plaza, Suite 1250, Houston, Texas 77046 2. Type of organization (Corporation, Ltd. Partnership, etc.): Partnership 3. Date organization formed: Beaumont AG, LP request to form the entity was submitted on September 13, 2023 and is under review with the Secretary of State. 4. Address and telephone number of headquarters location: 9 Greenway Plaza, Suite 1250, Houston, Texas 77046; 409-724-0020 5. State(s) in which business is registered: Texas 6. Other locations of this business (names of cities): NIA 7. Is business current with all taxes? Beaumont AG, LP is a newly formed entity with no taxes to report at this time 8. Name, address, and telephone number of principal officers: Christopher A. Akbari, Manager; 9 Greenway Plaza, Suite 1250, Houston, Texas 77046; 832-941-5343; rtpr )s <Diic�3p.co:lr 9. Name, address & phone number of designated contact Berson: Keimy Baugh, Vice President; 9 Greenway Plaza, Suite 1250, Houston, Texas 77046; 832-941-5351; gi-P.ctAll 10. Type of business to be conducted and goods or services to be produced or provided: Proposed new construction of 61 unit elevator served multifamily residential development project age -restricted (554-) 11. Location of project (street address): 4390 West Cardinal Drive, Beaumont, Jefferson County, Texas 77705 12. Legal (lot, block & subdivision) description of the project (Attach plat of property): Full legal description and survey attached 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. Please see Exhibit A site plan and description 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? Underground water, storm sewer, and sanitary sewer: $495,000 and Driveway, parking, and walk paving: $478,000 15. Estimated construction commencement date: November 30, 2023 16. Estimated construction completion date: November 30, 2024 17. Estimated date for project to be operational: December 1, 2024 18. City liens requested to be released: None EMPLOYMENT IMPACT (fox- Noun -residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? Approximately 2 full-time jobs 20. What percentage of employees do you anticipate will be residents living in: (a) the Neighborhood Empowerment Zone — There is a possibility for 100% (b) City of Beaumont — 100% (c) Jefferson County -.. 100% (d) Outside Jefferson County 2 Docu5ign Envelope 1D: 5EC623EA-Fi63.444C-AD"-2FBD97951367 21. How many new, temporary and part-time jobs will be created in Beaumont? Anticipate approximately 40 new temporary jobs. 22. What types of jobs will be created? Full Time Jobs: Property Manager, Property Maintenance Temporary Jobs: Construction Supervisor, Construction Project Manager, subcontractors laborers 23. What will be the total project annual payroll of the newly created jobs? Approximately $80,000 for the Permanent Full Time Jobs. 24. Will specialized training be required? If so, what type? Yes, CAM - Certified Apartment Manager & CAMT Certified Maintenance Technician FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? No, this project does not anticipate any costs to the City for iunicipal services. COMMUNITY IMPACT 28, Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? No, we do not foresee any impact on the local residential, commercial or retail market. 29. Will rezoning and platting/rcplatting be required? No rezoning/platting/replattirlg will not be require([. It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been f illy investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faitll basis, may result in the denial of consideration for or termination of incentive agreement. �oCuBlq�:ed by: s 617 U0�L�2F940A.,, � lgl]aCll l e 9/27/2023 1 3:51 Pik CDT Date 3 DocuSlgn Envelope ID; 5EC623EA-FI63-444C-AD39.2FSD97951367 If you lave any questions about this application please call the Community Development Department at (409) 880-3762, CITY OF BEAUMONT STAFF RECOMMENDATION(S) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: 4 Exhibit A Site Plan and Description Abiding Grace is a proposed new construction of a 61 unit elevator served multifamily residential development project. Construction is planned to begin November 30, 2023 and complete by December 1., 2024 for a twelve month construction time frame. Please see attached site plan for the planned improvements to the site, - k ■ ■ & |§ « 2 � � § 7 § ) k § § [ § § ) \ § § § \ § ^ [ 2 8 §ff§ °� 2§ � ! 7 � & £2 k 2 6 « o k § q � § § a RM DoeuSicgn Envelope ID: 5EC623EA-F163.4440-AD39-2FSD97959367 Survey and Legal Description I t JS 8 4c ix tan ' flowil 11,1 MIR fiftl 1k11i fell gI I� W'a'a'O'019"(010t P3 dl'63 MOI Wv%73Yv�on om11 rIAY39 "'lsM ozen ^ p d'v� �0. l T v. J x� �1otb `Jr'U'd'0'8SKt OM Pu "W1 '1ry0iUMB !0 OkPoq IS�-IM.WTHOISSv1 H]OLLIN 8 101 JO Mi (S3M USIL 031114 Er{vr�°tt��i h v 36tn0 lfcn 1 J W'! i N IOOFVI v rm n vrr� (13n1 fu, �frrn �x oZa QS k7 k f 1 AGG gr. C lJ0 �g $gqp s� A IVA ir j; .1 J DocuSrgn Envoiopo 1D. 6EC323EA-FI03.444C-AD39-2FBD379513t37 BEING 8,012 (Called 8,011) acres of land out of and a part of Tracts 5-A and 6-A, Partition Map No. 1, McFaddin Trust, City of Beaumont, recorded In Volume 7, Page 132, Map Records, Jefferson County, Texas and part of an abandoned right of way known as Street No. 4, recorded in Volume 1149, Page 623, Deed Records, Jefferson County, Texas, being the same tract of land described in a deed to ITEX Partners Holdings, LLC recorded in File No. 2016011026, Official Public Records, Jefferson County, Texas; said 8.012 acre tract being more fully described by metes and bounds as follows, to wit; Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a 1" steel pipe found for the Southeast corner of a (Called 1.300) acre tract of land described in a deed to Tiger's Lalr, LP, recorded In File No, 2002019216, Official Public Records, Jefferson County, Texas on the Northerly right of way line of a dedicated road named U.S. Highway 69, 96, 287 (a.k.a. Cardinal Drive or Loop 251); said 1" steel pipe being the Southwest corner of the herein described tract; having a Texas Coordinate of N: 13958664.05, E; 3509059.34; THENCE, North 02 deg,, 44 min., 47 sec., West, (Called North 02 deg., 45 min., 03 sec., West) on the East line of the (Called 1,300) acre tract, a distance of 391.12 (Called 391,10') to a %" steel rod, capped and marked "SOUTEX", found for the Northwest corner of the herein described tract; from which a Y:" steel rod, capped and marked "FAUST", found for the Northeast corner of the (Called 1.300) acre bears North 02 deg., 40 min., 25 sec., West, a distance of 61.10'; THENCE, North 86 deg., 49 min,, 56 sec., East (Called North 86 deg., 49 min., 40 sec., East) a distance of 727.46' (Called 727.40') to a W'steel rod, capped and marked "SOUTEX", found on the West line of a (Called 13,020) acre tract of land described In a deed to Beaumont Gracelake Townhomes, LP, recorded In File No, 2010036210, Official Public Records, Jefferson County, Texas; THENCE, South 03 deg., 19 min., 1.5 sec., East (Called South 03 deg., 20 min., 02 sec., East) on the West line of the (Called 13.020) acre tract, a distance of 1.85.61' to a Y2" steel rod, capped and marked "SOUTEX", set for the Southwest corner of the (Called 13,020) acre tract and the Northwest corner of a (Called 7.802) acre tract of land described In a deed to Antioch Missionary Baptist Church of Beaumont, Texas, recorded in File No, 2010033836, Official Public Records, Jefferson County, Texas; THENCE, South 03 deg.,18 min., 44 sec., East (Called South 03 deg., 19 min., 31 sec,, East) on the West line of the (Called 7.802) acre tract, a distance of 379.88' (Called 379.82') to a %" steel rod, capped and marked "SOUTEX", found for the Southwest corner of the (Called 7.802) acre tract on the North right of way line of said Cardinal Drive; DoouSlgn Envelope ID: 6ECO23EA-FI63.444C-AD39.2FBD97961367 THENCE, North 79 deg., 45 min., 54 sec., West (Called North 79 deg., 46 min., 24 sec., West) on the Northerly right of way line of said Cardinal Drive, a distance of 752,28' (Called 752.29') to the POINT OF BEGINNING and containing 8,012 acres of land, more or less. 131071 IWITH 01111ORTU ITY T • E • X - A • S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Ennpowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility: Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B, Eligible Property: Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, hotel and meetinj facilities, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shalt submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 901 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A, The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code, Additional information may be requested as needed. B, The City Council may eater• into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hour's to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not connpleted as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council, Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Departrnnent is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Municipal Tax Abatement Schedule $50,000 & tip for residential uses and 100%; or 100% of the incremental value for Substantial lit Year $75,000 & up for all other uses Investments relocating within the City_ �$50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial 2 Year $75,000 & up for all other use Investments relocating within the City_ $50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial 3r Year $75,000 & up for all other uses Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the incremental value for I 01 Year use Substantial Investments relocating within the City. $5,000,000 or more for any eligible 100% for new investments and the in value for use Substantial investments relocating within the City. StyYear $5,000,000 or more for any eligible 100% for new investments and the incremental value for tt, 6 Year use Substantial investments relocating within the City. ($5,000,000 or more for any eligible 1100% for new investments and the incremental value for 7ch� Year use Substantial Investments relocating within the City. 4 Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abater-ient shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions -- all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. B. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fecs that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a hone -rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as "City," and ITEX PARTNERS HOLDINGS, LLC, 3735 Honeywood Trail, Port Arthur, Texas, hereinafter referred to as "Property Owner;" collectively as the "Parties." WITNESSETH: WHEREAS, On the tenth day of October, 2023, the City Council of the City of Beaumont, Texas, passed Ordinance No. , establishing the boundaries of Empowerment Zone Number Two, for building permit fees to be waived, excluding tap and meter fees, and expedited permit reviews as authorized by Chapter 378 of the Texas Local Govermi-ient Code, et seq, as amended, hereinafter referred to as "Statute," WHEREAS, in order to maintain and/or enhance the local economy and/or provide quality, affordable housing, in accordance with said Ordinance and Statute, the City, and the Property Owner, do mutually agree as follows: 1. The property, known as the "Premises" to be the subject of this Agreement shall be the property at 4390 W. Cardinal Drive, Beaumont, Texas and described as part of Tracts 5-A and 6-A, Partition Map No. 1, McFaddin Trust, and part of an abandoned right-of-way, City of Beaumont, Jefferson County, Texas. 2. The Property Owner shall cause to be developed an apartment complex intended to house and accommodate individuals over the age of 55, known herein as the "Project," on the Premises and shall not have a construction cost less than $75,000,00 and shall be completed not later than January 1, 2025, subject to delays caused by force majeure or by factors beyond Property Owner's or Business Owner's reasonable control. 3. The Property Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which a waiver of building permit fees has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent fees which otherwise would have been paid to the City without the benefit of a waiver will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Property Owner defaults in the terms and conditions of this Agreement, the City shall give the Property Owner written notice of such default and if the Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kenny Baugh Beaumont AG, LP 9 Greenway Plaza, Suite 1250 Houston, Texas 77046 Christopher A. Akbari ITEX PARTNERS HOLDINGS, LLC 3735 Honeywood Trail Port Arthur, Texas 77642 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Property Owner. The Property Owner specifically agree that the City shall only be liable to the Property Owner for the amount of waivers, outlined herein, attorney's fees, and costs of court, shall not be liable to the Property Owner for any alleged consequential damages. The Property Owner hereby waives any rights or W remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kenneth R. Williams, City Manager City of Beaumont 801 Main, Smite 201 Beaumont, TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assignees of all parties hereto. Other than assignment to Beaumont AG, LP, hereinafter referred to as "Business Owner,", this Agreement cannot be assigned by the Property Owner or Business Owner to anyone or any entity which is not an affiliate of Business Owner, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. Any assignment occurring within the scope of this Agreement transfers all rights, responsibilities, and obligations heretofore granted to Property Owner to the assignee, and the assignee shall, for purposes of this Agreement, be then known as "Property Owner." 7. THE PROPERTY OWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY AND ALL KINDS OF CLAIMS, LOSSES, DAMAGES, INJURIES (INCLUDING DEATH), SUITS, OR JUDGEMENTS INVOLVING THE CITY AND RELATING TO SUCH IMPROVEMENTS. 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition, the Property Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this Agreement. f 9. Exemption from planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this Agreement. 10, In addition, the City and the Property Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application(s), and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 11, The City and the Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement, 12, If the Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Property Owner will notify all Parties in writing and the obligations of either the Property Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any, 13. Nothing in this Agreement is intended to create or establish a joint venture between the Parties. 14. This Agrecment was authorized by resolution of the City Council at its meeting on the , authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Property Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. This document and any documents referenced herein shall represent the entirety of the Agreement between the Parties. Any amendments, addendums, or material changes shall be in writing and require the consent and approval of all Parties. The Agreement is performable in Jefferson County, Texas, witness our hands This day of , CITY OF BEAUMONT 4 By: ATTEST: Tina Broussard City Clerk PROPERTY OWNERS Kenneth R. Williams City Manager 51 ITEX PARTNERS HOLDINGS, LLC By: The ITEX Group Management, LLC, Manager By: Chfistopher Akbari, Manager ATTEST: 5 STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home -rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as "City," and ITEX PARTNERS HOLDINGS, LLC, 3735 Honeywood Trail, Port Arthur, Texas, hereinafter referred to as "Property Owner;" collectively as the "Parties." WITNESSETH: WHEREAS, On the tenth day of October, 2023, the City Council of the City of Beaumont, Texas, passed4k4i4a4aG&No,q �!&stablishing the boundaries of Empowerment Zone Number Two, for building permit fees to be waived, excluding tap and meter fees, and expedited permit reviews as authorized by Chapter 378 of the Texas Local Government Code, ct seq, as amended, hereinafter referred to as "Statute," WHEREAS, in order to maintain and/or enhance the local economy and/or provide duality, affordable housing, in accordance with said Ordinance and Statute, the City, and the Property Owner, do mutually agree as follows: 1. The property, known as the "Premises" to be the subject of this Agreement shall be the property at 4390 W. Cardinal Drive, Beaumont, Texas and described as part of Tracts 5-A and 6-A, Partition Map No. 1, McFaddin Trust, and part of an abandoned right-of-way, City of Beaumont, Jefferson County, Texas. 2, The Property Owner shall cause to be developed an apartment complex intended to house and accommodate individuals over the age of 55, known herein as the "Project," on the Premises and shall not have a construction cost less than $75,000,00 and shall be completed not later than January 1, 2025, subject to delays caused by force majeure or by factors beyond Property Owner's or Business Owner's reasonable control. 3. The Property Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which a waiver of building permit fees has been granted are not completed in accordance with this Agreement, then - this Agreen-ient shall be subject to termination and all delinquent fees which otherwise would have been paid to the City without the benefit of a waiver will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Property Owner defaults in the terms and conditions of this Agreen-tent, the City shall give the Property Owner written notice of such default and if the Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows; Kenny Baugh Beaumont AG, LP 9 Greenway Plaza, Suite 1250 Houston, Texas 77046 Christopher A. Akbari ITEX PARTNERS HOLDINGS, LLC 3735 Honeywood Trail Port Arthur, Texas 77642 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Property Owner, The Property Owner specifically agree that the City shall only be liable to the Property Owner for the amount of waivers, outlined herein, attorney's fees, and costs of court, shall not be liable to the Property Owner for any alleged consequential damages. The Property Owner hereby waives any rights or 2 remedies available to it at law or in equity, Notices shall be in writing and shall be delivered by personal delivery or certified nail addressed as follows; Kenneth R, Williams, City Manager City Or Beaumont 801 Main, Suite 201 Beaumont, TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assignees of all parties hereto, Other than assignment to Beaumont AG, LP, thereinafter referred to as `Business Owner," this Agreement cannot be assigned by the Property Owner or Business Owner to anyone or any entity which is not an affiliate of Business Owner, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City, Any assignment occurring within the scope of this Agreement transfers all rights, responsibilities, and obligations heretofore granted to Property Owner to the assignee, and the assignee shall, for piirposes of this Agreement, be then known as "Property Owner," 7. THE PROPERTY OWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY AND ALL KINDS OF CLAIMS, LOSSES, DAMAGES, INJURIES (INCLUDING DEATH), SUITS, OR JUDGEMENTS INVOLVING THE CITY AND RELATING TO SUCH IMPROVEMENTS. 8, The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terins of this Agreement, In addition, the Property Owner agrees to provide records and documentation to the City, sufficient to verify iiprovements and employment data in order to ensure performance under this Agreenent, 9. Exemption from planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this Agreement. 10, In addition, the City and the Property Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application(s), and building permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances, 11. The City and the Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 12. If the Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Property Owner will Notify all Parties in writing and the obligations of either the Property Owner and the City will be deemed terminated and of no further- force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 13. Nothing in this Agreement is intended to create or establish a joint venture between the Parties. 14. This Agreement was authorized by resolution of the City Council at its meeting on the f /0, 9Od3, authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Property Owner when executed on behalf of said patties, for the abated-ent of City ad valorem taxes in accordance therewith. This document and any doetunents referenced herein shall represent the entirety of the Agreement between the Parties. Any amendments, addendums, or material changes shall be in writing and require the consent and approval of all Parties. The Agreement is performable in Jefferson County, Texas, witness our hands This IT day of ()golf. , 2023, CITY Or BEAUMONT M By: ATTEST; a -A, v M61A� Tina Broussard City Clerlc PROPERTY OWNERS Kenneth R. Williams City Manager TTEX PARTNERS HOLDINGS, LLC By; The TTEX Group Management, LLC, Manager By; Christopher Akbari, Manager ATTEST: