HomeMy WebLinkAbout2009-3187 - Ordinance - 06/11/2009ORDINANCE NO. 3187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE
CITY AND GREENS PRAIRIE INVESTORS, LLC., FOR THE DEVELOPMENT OF
CASTLE ROCK SUBDIVISION PROJECT AND AUTHORIZING THE EXPENDITURE
OF FUNDS.
WHEREAS, Greens Prairie Investors, LLC. is a developer developing Castle Rock Park;
and
WHEREAS, as part of said development, the construction of certain public infrastructure
is required; and
WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City
of College Station and the developer have agreed to jointly participate in the construction of
certain public infrastructure to wit: Castle Rock Park Project ( "Project ") as further set forth in a
Participation Agreement; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby finds it to be in the best interests of its
citizens to enter into that one certain Participation Agreement with Greens
Prairie Investors, LLC for the construction of Castle Rock Park Project. A
copy of said Participation Agreement is attached as Exhibit "A" and
incorporated herein by reference.
PART 2: That the City Council hereby approves the contract with Greens Prairie
Investors, LLC obligating the CITY to pay a maximum of $72,218.00 out
of the estimated amount of $240,727.00 total cost for the labor, materials
and equipment required for the improvements related to the Castle Rock
Park Project.
PART 3: That the funding for this Contract shall be as budgeted from the Parkland
Dedication Zone 10 Fund, in the amount of $72,218.00.
PART 4: That this ordinance shall take effect immediately from and after its passage.
O:\Ordinances\Parks \Castle Rock Park participation agrmt ordinance.docx
Ordinance No. 3187
ADOPTED this 11th day of
ATTEST:
City Secretary
APPROV
r .
City Alterney
June
APPROVED:
. A.D. 2009.
O:\Ordinances\Parks \Castle Rock Park participation agrmt ordinance.docx
Ordinance No. 3187
CITY PARTICIPATION AGREEMENT
This Agreement is entered into this 26th day ' of May ,
2009 by and between the City of College Station, a Texas home rule municipal
corporation (hereinafter "CITY "), and Greens Prairie Investors , a Texas
LLC • (hereinafter "DEVELOPER').
WHEREAS, DEVELOPER is developing property within the City of College Station,
more particularly described as Castle Rock Park
College Station, Brazos County, Texas (hereinafter "Property ") a description of which is
attached hereto as Exhibit A; and
WHEREAS, DEVELOPER is required to construct certain public infrastructure, such as
roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that
relate to DEVELOPER'S proposed development; and
WHEREAS, CITY is required or desirous of assuming some or all responsibility for
construction of certain public infrastructure affecting DEVELOPER'S development; and
WHEREAS, because of this and in order to comply with CITY's overall development
scheme both DEVELOPER and CITY agree that it is in the best interests of the public to
jointly construct certain identified public infrastructure; and
WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that
provided by DEVELOPER's engineers, and determined that such public improvement
qualifies for joint CITY - DEVELOPER participation; and
WHEREAS, both parties agree as to the nature and proportion of joint participation as
further recited herein and as may be required in accordance with section 212.071 et seq
and Chapter 252 Texas Local Government Code;
NOW, THEREFORE, for and in consideration of the recitations above and the promises
and covenants herein expressed, the parties hereby agree as follows:
L
DEFINITIONS
1.1 Approved Plans means the plans and specifications that meet the requirements of
this Participation Agreement, the City of College Station Codes and Ordinances and any
,other applicable laws and that have been submitted to, reviewed and approved by the City
of College Station Development Services Department, the City Engineer.
PA GROUMLEGAUPARTICIPATION AGREEMENT FORMS \CITY PARTICIPATION STANDARD EXHIBIT
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Ordinance No. 3187
1.2 CITY or College Station means the City of College Station, a Texas home rule
municipal corporation located at 1101 Texas Avenue, College Station, Texas 77840.
1.3 DEVELOPER means Greens Prairie Investors , a Texas
LLC whose principal office is located at - 4490 Castle:rate
Drive College Station , Texas 77845 .
1.4 Effective Date. The date on which this Agreement is signed by the last parry
whose signing makes the Agreement fully executed.
1.5 Final Completion. The term "Final Completion" means that all the work on the
Project has been completed, a written guarantee of performance for a one year
maintenance period has been provided, all final punch list items have been inspected and
satisfactorily completed, all payments to materialmen and subcontractors have been
made, all documentation, and all closeout documents have been executed and approved
by the DEVELOPER as required, all Letters of Completion and other CITY
documentation have been issued for the Project, all reports have been submitted and
reporting requirements have been met, and DEVELOPER has fully performed any other
requirements contained herein.
1.6 Letter of Completion : A letter issued by the City Engineer stating that the
construction of public improvements conforms to the plans, specifications and standards
contained in or referred to in CHAPTER 9 of the CITY OF COLLEGE STATION CODE OF
ORDINANCES.
1.7. Property means that one certain tract of land - Castle Rock Park, in the Castle
Rock subdivision (describe by ref to plat, subdivision, etc. as appropriate)
and as further described in Exhibit A attached hereto and incorporated herein made a part
hereof.
1.8 Project means the construction of Castle Rock Park
improvements as detailed in Exhibit B attached hereto and incorporated herein by
reference.
II.
CITY COST PARTICIATION
2.1 Agree to Participate. CITY agrees to cost participate in the Project in the
maximum amount estimated as set forth in Exhibit C, which is attached hereto and
incorporated herein by reference. CITY'S actual rate of participation will be based upon
the final actual cost of the Project as reflected by the breakdown of costs required
pursuant to this Agreement but in no event shall exceed the maximum amount estimated
in Exhibit C.
2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit C. If
CITY's cost participation exceeds 30% of the total cost of the Project or is located within
P: IGROUPILEGAUPARTICMATION AGREEMENT FORMSICITY PARTICIPATION STANDARD EXHIBIT A
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.................. ...._.. _......
Ordinance No. 3187
the extraterritorial jurisdiction of the CITY, then the Project must be competitively bid
pursuant to . Chapter 252 Texas Local Government Code, as amended. If CITY
participation exceeds 30% of the total cost of the Project, CITY shall be responsible for
advertising and obtaining bids or negotiating proposals for the construction of the Project.
DEVELOPER shall pay for all costs associated with advertising, printing, and
distributing plans and specifications for the Project.
If CITY's cost participation is 30% or less of the total cost of the Project and is
located within the boundaries of the CITY, the Project need not be competitively bid.
2.3 Cost of Project. DEVELOPER's engineer's detailed cost estimate of the Project
is attached hereto and incorporated herein as Exhibit C.
2.4 Application for Payment. Application for payment by the DEVELOPER to the
CITY for payment to the DEVELOPER pursuant to the terms of this Agreement must
include the following in a form acceptable to CITY:
(1) Final Completion of the Project in accordance with the Approved
Plans;
(2) issuance of all Letters of Completion relating to the Project;
(3) DEVELOPER's compliance with all CITY Codes, Ordinances and
standards relating to the Project, the Property and its subdivision and
development;
(4) dedication of the land for the right -of -way either by plat or by deed
relating to the Project;
(5) a current title report as of the date of such land dedication and
updated within sixty (60) days of the date of this Agreement;
(6) lien releases or subordinations from all lenders as required by
CITY;
(7) Proof that all guarantees of performance and payment as set forth
in this Agreement have been met, including all bond requirements when
applicable; and
(8) A breakdown of actual costs of the Project with supporting
documentation, including all payment receipts.
2.5 City Participation Payment. DEVELOPER shall submit the written application
for CITY participation payment within thirty (30) days after issuance of all Letters of
Completion relating to the Project or DEVELOPER shall be ineligible to receive the
CITY participation payment specified in this Agreement and CITY's obligation to cost
participate shall terminate without any liability. Applications may not be submitted prior
to Final Completion. CITY will pay its participation funds in one payment within thirty
(30) days after receipt of a complete written application for participation payment from
DEVELOPER.
2.6 Reports, books and other records. DEVELOPER shall make its books and
other records related to the project available for inspection by CITY. DEVELOPER shall
3 EXHIBIT A
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Ordinance Ao:__�T87 _
submit to CITY any and all information or reports requested to verify the expenditures
submitted for CITY participation eligibility including but not limited to bid documents,
payment applications, including any supporting information, cancelled checks, copies of
construction and engineering documents, as determined by the City Engineer in his sole
discretion, for the verification of the cost of the Project detailed in Exhibit B and C of
this Agreement. The submission of these reports and information shall be the
responsibility of DEVELOPER and shall be certified by DEVELOPER's Licensed
Professional Engineer at DEVELOPER's expense and signed by an authorized official of
the entity.
III.
GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE
CITY is a political subdivision of the state and enjoys governmental immunity. By
entering into this Agreement, CITY does not consent to suit, waive its governmental
immunity, or the limitations as to damages under the Texas Tort Claims Act.
DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and
its officers, agents, and employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, expert fees and attorney's fees, for injury to or death of any
person, or for damage to any property, or for breach of contract, arising out of or in
connection with the work done by DEVELOPER under this Agreement, regardless
of whether such injuries, death, damages or breach are caused in whole or in part
by the negligence of CITY, any other party indemnified hereunder, or the
DEVELOPER.
DEVELOPER shall indemnify and hold CITY harmless from any claims of
suppliers or subcontractors of DEVELOPER for improvements constructed or
caused to be constructed by DEVELOPER.
DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to
or claims of adjacent property developers resulting from or relating to their
performance under this Agreement.
DEVELOPER assumes full responsibility for the work to be performed hereunder,
and releases, relinquishes and discharges CITY, its officers, agents and employees,
from all claims, demands, and causes of action of every kind and character,
including the cost of defense therefore, for any injury to or death of any persons and
any loss of or damage to any property that is caused by, alleged to be caused by,
arising out of, or in connection with, DEVELOPER's work to be performed
hereunder. This release shall apply whether or not said claims, demands, and causes
or action are covered in whole or in part by insurance and regardless of whether or
not said claims, demands, and causes of action were caused in whole or in part by
the negligence of CITY, any other party released hereunder, or DEVELOPER.
4 EXHIBIT A
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Ordinance No. 3187
IV.
PROJECT AND CONSTRUCTION
4.1 Right to Inspect the Work. CITY may inspect the improvements for
compliance with the Approved Plans during construction. In the event that it is
determined by CITY that any of the work or materials furnished is not in strict
accordance with the Approved Plans, CITY may withhold funds until the nonconforming
work conforms to the Approved Plans or terminate this Agreement at CITY's election
without any further liability.
4.2 Independent Contractor. DEVELOPER shall be solely responsible for
selecting, supervising, and paying the construction contractor(s) or subcontractors and for
complying with all applicable laws, including but not limited to all requirements
concerning workers compensation and construction retainage.
The parties to this Agreement agree and understand that all employees, volunteers,
personnel and materials furnished or used by DEVELOPER in the installation of the
specified improvements shall be the responsibility of DEVELOPER and shall not be
deemed employees or agents of CITY for any purpose.
4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively
responsible for compensating any of its contractors, employees, subcontractors,
materialmen and/or suppliers of any type or nature whatsoever and insuring that no
claims or liens of any type will be filed against any property owned by CITY arising out
of or incidental to the performance of any service performed pursuant to this Agreement.
In the event a statutory lien notice is sent to CITY, DEVELOPER shall, where no
payment bond covers the work, upon written notice from the CITY, immediately obtain a
bond at its expense and hold CITY harmless from any losses that may result from the
filing or enforcement of any said lien notice. `
4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the
improvements, DEVELOPER shall provide CITY a notarized affidavit stating that all
bills for labor, materials, and incidentals incurred have been paid in full, that any claims
from manufacturers, materialmen, and subcontractors have been released, and that there
are no claims pending of which DEVELOPER has been notified. Such affidavit shall be
in a form as substantially set forth in Exhibit D which is attached hereto and incorporated
by reference.
4.5 Requirements of Applicable rules remain. This Agreement does not alter,
amend modify or replace any other requirements contained in the Code of Ordinances,
Unified Development Code, or other applicable law.
V.
GUARANTEE OF PERFORMANCE AND PAYMENT
5 EXHIBIT A
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Ordinance __ft "' 3157
5.1 . Bonding Requirements of Developer. Where CITY participation is 30% or less
of the total value of the Project, DEVELOPER shall execute a performance bond
to ensure construction of the Project and shall ensure that its contractor
performing the Project executes a payment bond to ensure payment to
subcontractors, if any. The bonds must be executed by a corporate surety in
accordance with CHAPTER 2253, TExAs GOVERNMENT CODE. The bonds shall be
in the total amount of the contract price as approved by CITY.
5.2 Bonding Requirements of City. Where CITY participation is greater than 30%
of the total value of the Project or when the Project is located within the extraterritorial
jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project
execute to the CITY a performance bond and/or a payment bond as may be required
pursuant to chapter 2253 Texas Government Code.
VI.
GENERAL PROVISIONS
6.1 Amendments. No amendment to this Agreement shall be effective and binding
unless and until it is reduced to writing and signed by duly authorized representatives of
both parties.
6.2 Choice of law and Venue. This Agreement has been made under and shall be
governed by the laws of the State of Texas. Performance and all matters related thereto
shall be in Brazos County, Texas, United States of America.
6.3 Authority to enter into Agreement. Each party represents that it has the .full
power and authority to enter into and perform this Agreement. The person executing this
Agreement on behalf of each party has been properly authorized and empowered to enter
into this Agreement. The person executing this Agreement on behalf of DEVELOPER
represents that he or she is authorized to sign on behalf of DEVELOPER and agrees to
provide proof of such authorization to the CITY upon request.
6.4 Agreement read. The parties acknowledge that they have read, understand and
intend to be bound by the terms and conditions of this Agreement.
6.5 Notice. All notices and documents required herein shall be sent and provided to
the parties at the addresses and telephone numbers listed below:
Green Prairie Investors
4490 Castlegate Drive
Colleize Station, Texas 77845
City of College Station
City Engineer
P.O. Box 9960
College Station, TX 77842 ..
With copies to:
City Attorney and City Manager
1101 Texas Avenue
6 EXHIBIT A
P:\GROUPILEGALiPARTICIPATION AGREEMENT FORMSICITY PARTICIPATION STANDARD
CONTRACTA=5 /8/200911:20:53 AM
- Ordinance No. 3187
College Station, TX 77842
All notices and documents shall be deemed received when mailed with sufficient postage
and deposited in `a regular mailbox of the United States Post Office. The parties may
change addresses upon thirty (30) days' written notice sent certified mail, return receipt
requested.
6.6 Assignment. This Agreement and the rights and obligations contained herein
may not be assigned by DEVELOPER without the prior written approval of the CITY.
6.7 Default. In the event of a breach of this Agreement by DEVELOPER, CITY may
terminate this Agreement and exercise any and all legal remedies available to it.
Executed this 26th day of May , 2009
List of Exhibits:
A A description of the Property
B A description of the Project
C Engineer's estimate of the costs of the Project
D Affidavit of All Bills Paid form
GREENS PRAIRIE INVESTORS
Printed Name: Wallace Phillips
Title: President
Sege P, g'
CITY OF COLLEGE STATION
BY:
Mayor
ATTEST:
City Secretary
7 EXHIBIT A
P: \GROUPU.EGAL\PARTICIPATION AGREEMENT FORMS\CITX PARTICIPATION STANDARD
CONTRACT.docx5 /26!200912:19:15 PM
Ordinance No. 3187
APPROVED:
City Manager
N p,4�
City Attorney
Chief Financial Officer
THE STATE OF TEXAS )
COUNTY OF BRAZOS )
efore m he undersigned authority, on this day personally appeared .
,S
as of
,? p,P4 fk ` tZ4exas limited liability, c parry, known tome
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office on this the d6 day of
200.
ACKNOWLEDGMENT
Z`;
z �
k�
axp
Notary Public in and for the State of
Texas
8 EXHIBIT A
P:IGROUPU.EGALIPARTICIPATION AGREEMENT FORMSICITY PARTICIPATION STANDARD
CONTRACT.docxV 200911:20:53 AM
Ordinance No. 3187
THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared
as Mayor of the City of College Station, a Texas home -rule municipal
corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
200
Given under my hand and seal of office on this the day of
Notary Public in and for the State of
Texas
9 EXHIBIT A
P.-MOUPILEGAMPARTICIPATION AGREEMENT FORMS \CITY PARTICIPATION STANDARD
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- 4}rd-- inane --No : 3 8-T _.
EXHIBIT A
PROPERTY DESCRIPTION
CASTLE ROCK PARK
Castlerock park is -a tract of land consisting of 6.187 acres on the north side of Castle Rock Parkway in
the Castle Rock subdivision.lt includes 3 tracts of land ,tract 3B -2 ,a 1.5 acre tract of land and a .162 acre
tract of land.
EXHIBIT A
Ordinance No. 3187
EXHIBIT B
PROJECT DESCRIPTION
Castle Rock park will be constructed by Greens Praire Investors.The items to be constructed includes a
picnic shelter,playground with rubber cushioning and shade cover,swings with pea gravel
surfacing,concrete sidewalks,2 practice fields including 2 soccer goals and a ball
backstop ,trees,irrigation,drinking fountain,water meter,drain pipes,topsoil and site grading,and
hydromulching,electrical conduit, 12 area lights,picnic tables,bbq grill,and a trash can.
EXHIBIT A
% % S
I
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Zf
22.089 AC. "S,
COME IVANTS, RESTRICTIONS
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(INCLUDED ]RT8 2OF PAM
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51
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Y1E.N$1111 -j,2 rr . RD* - 38 8 -$ 9AVF?�Et�'
�.�..,.� twr[ •wa�yr ii: I � ��� r r��i �inu� � `G`c�'.'�a.
EXHIBIT A
rdinance No. 3187
X
R N
of
NXrAND
N ��bS�aR
R s j �R
SITE PLAN
CASTLE ROCK PARK
�2 CASTLE ROCK SUBDMSION
OULLE OTATM MW
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EXHIBIT A
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ix
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EXHIBIT A
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ix
Greens Prairie Investors, LTD.
4490 Castlegate Drive
College Station, TX 77845
Phone: (979) 690 -7250 Fax: (979) 690 -1041
May 26, 2009
City of College Station .
Parks & Recreation Department
,1000 Krenek Tap Road
College Station, TX 77840
RE: Completion of Castle Rock Park
Please accept this as an acceptance letter that Greens Prairie Investors will
complete the construction of the Castle Rock City Park. Construction cost
will be $240,727.00.
Construction started on the preliminary site work on April 27, 2009.
Respectfully,
Wallace Phillips
EXHIBIT A
Ordinance No. 3187
05/27/2069 10:37 FAX 0796901041' CASTLEGATE W002/002
Exhibit C V
GREENS NVFSrQRS, LrF D
Castle Rock Park
Cost Fadmate
May 26; 2009
. e .
Item
Des miudon
Unit
RgUwate
Unit Price
Total
.Siitework8c Pavement
1
Play Ground (+ shade cover
IS
1
$64,962.00
$
+ rubber poured in place
FaR zone w /concrete under pact
2
Baseball Back Step
EA
1
1,500.00
]ZO Moo
3
Soccer Goals
EA
2
1,000.00
2,000.00
4
Swing Set (Gravel/
Concrete curb)
LS
1
12,000.00
12,000.00
5
Shetter (slab, tables,
CAA uwhcan)
IS
1
22,500.00
22,500.00
.6 .
LED Area Lights, wring not
Included
LS
12
3,000.00
36,000.00
7
medrical Conduit
LS
1
18,00000
18,000.00
8
Drinking Fountain & Water Line
LS
1
4,600.o0
4,600.00
9
Concrete JoggingTrae3
SF
10,160
3.50
35,56o.00
10
'trees
KA
14
250.00
3,500.00
11
Irrigation System
Along Castle Rock Parkway Only
13
1
4,000.00
4,000.00
22
Water Meter
EA,
1
500.00
500.00
13
Drainage Pipes
EA
8
100.00
800.00
14
Z° Topsail Placement
LS .
1
7,500.00
7,500.00
15
Site Grading
LS
1
5,540.00
5,540.00
16
Hydromuleh Seeding
LS
1
7,000.00
7,000.00'
(practice fields — 1oo,000 SF)
17
Design
LS
1
7,500.00
7,00.00
18
Performance Bond
6,400.00
6Aoo.00
29
Accessibility Inspection & Review
865.00
865.00
TOTAL $240,727.00
PKvnm mt Breakdown
Greens Prairie Investors already paid in. The City wt7i be refunded upon starting 45,oOo.00
Greens Prairie to pay as .- ..4L" —.d:an progress. 123,509.00 vv
City of College Station to pay Greens Prairie investors upon completion of Park. 72.21&00
$240,727 - -00
EXHIBIT A
-0i-di-nanee-llo -3 -18-7
Exhibit D
THE STATE OF TEXAS
AFFIDAVIT OF BILLS PAID
COUNTY OF BRAZOS
Before me, the undersigned authority, personally appeared
( "Affant"),
Of ("Contractor"), who being first duty sworn, deposed
and state the following:
"My name is I am over 18 years of age,
of sound mind, capable of making this affidavit, and personally acquainted
with the facts stated in it which facts are true and correct.
Pursuant to that certain contract, dated as of
200 (the "Contract") by and between the City of
College Station, Texas, and
Contractor furnished labor and materials to construct
on the real property known as (more
particularly described in the Contract) the "Project ".
To the extend that Contractor constructed or contracted for the
construction of such
Contractor has paid each of its. sub- contractors, laborers and materialmen
in full (except for statutory retainage) for all labor and/or materials
provided to Contractor on the Project.
To the best of Aff ant's knowledge, Contractor has not received notice of
any claims pending against the Project in connection with the
described in the Contract.
Further, Affiant saith not
Executed this day of
,200
AFFIANT:
Printed Name:
SUBSCRIBED AND SWORN TO before me on this day of ,
200
Notary Public, State of Texas
EXHIBIT A
05/15/2009 08:43 FAX 9796901041 CASTLEGATE 10002 /003
MANAGER'S CERTIFICATE
I the undersigned, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company (the "Company ") do hereby certify that: (1) that the Company is duly organized
and existing under the laws of the State of Texas and is authorized to do business in the State
of Texas; that all franchise and other taxes required to maintain its company existence have
been paid when due and that no such taxes are delinquent; that no proceedings are pending for
the forfeiture of its Certificate of Organization or for its dissolution, voluntarily or involuntarily;
that It is fully qualified and in good standing to do business In all jurisdictions in which the nature
of its business requires it to be qualified; that there Is no provision of the Articles of Organization
or Regulations of the Company limiting the power of the Members to pass the Resolutions set
forth below; (ii) that GREENS PRAIRIE ASSOCIiATES LLC, is the sole general partner of
GREENS PRAIRIE INVESTORS, LTD. (the "Partnership "), and that GREENS PRAIRIE
INVESTORS, LTD., is a limited partnership duly organized and existing under the laws of the
State of Texas and is authorized to do business in the State of Texas; and (Ili) that on the
day of March, 2002, by written consent of the Manager of the Company, the following
resolutions were unanimously adopted and recorded in the minutes of the books of said
Company kept by the Company and are in accord with and pursuant to the Articles of
Organization and Limited Liability Company Agreement of the Company and are now in full
force and effect, to -wit
RESOLVED, that WALLACE PHILLIPS, Manager, is authorized in the name of the
Company, as its own act to sell the Company's real property located in Brazos County,
Texas, described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property'), to CASTLEGATE HOMEOWNER'S ASSOCIATION, INC.
pursuant to a Real Estate Contract;dated effective February 14, 2002;
FURTHER RESOLVED, that WALLACE PHILLIPS, Manager, acting individually, be,
and Is hereby authorized, empowered, and directed to execute, acknowledge, and
-- deliver on behalf of the Company, as the general partner of the Partnership, such
contracts, assignments, affidavits, deeds of trust, financing statements, security
agreements, and other Instruments, containing any terms and conditions that he may, in
his sole discretion, deem necessary or desirable in connection with the sale of the
Property and the attestation by the Secretary of the Company and the affixation of the
seal of the Company shall not be necessary; and
RESOLVED FURTHER, that the Manager of the Company is directed to certify the
Minutes of this meeting and the contents of these resolutions and to deliver such
certification in support of the authority of the above officer to act on behalf of the.
Company.
I further certify that the following are the duly elected and incumbent manager and officer
of the Company and that the true and correct signatures of the individuals authorized to act on
behalf of the Company are as set forth beside his or her name:
PRINT NAME IMLE
Wallace Phillips Manager
SIGNATURE
Manager's Certificate
Page 1
EXHIBIT A
05/15/2009 08:44 FAX 9796901041 CASTLEGATE 0003 /003
-
IN WITNESS WHEREOF, I have hereunto subscribed my hand on this the sf day
of March, 2002.
WALLACE PHILLIPS, anager of
GREENS PRAIRIE ASSOCIATES LLC,
a Texas Ilmited liability company
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the 1'� day of March, 2002, by
WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company, on behalf of said company.
n4fMA70RRES
1 (9 = �11100a 31, mm
ai! J
Now Public, State of Texas
Manager's CeNffoafe
Page 2
EXHIBIT A
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