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Item 5HJanuary 31, 2003 Mr. Brian Stebbins Cooper & Stebbins 1256 Main Street, Suite 240 Southlake, Texas 76092 Re: Developer Fee Agreement Payable — Phase I and II Southlake Town Square, Southlake, Texas Dear Brian: Pursuant to our meeting this past week regarding the developer reimbursement owed to Southlake Venture West L.P. ( "Developer ") by the City of Southlake TIF ( "City ") and, as a means of resolving the outstanding issues regarding the Developer's Agreement, the parties have agreed as follows: Southlake shall pay to Developer $3,925,000 at the time of the City of Southlake CIP bond sale in the fiscal 2002/2003 fiscal year of bonds issued for such payment; 2. The Developer shall complete improvements to the City parks (6 acres and 5 acres) ( "Donated Parks ") at the City's direction to the extent of and not to exceed $150,000 3. The City shall receive a discount of $150,000 should it decide not to complete any improvements to the donated parks; and 5. The Developer and the City shall comply with the requirements of the Developer Agreement relating to the general warranty deeds and title to Town Hall, and shall enter into the Parking License Agreement, prior to any payments described above. The City and the Developer agree to make all reasonable efforts to finalize such issues in a timely manner. This Letter Agreement is intended to reflect the material terms upon which the Developer and the City of Southlake propose to resolve outstanding differences relating to the implementation of the TIF Program of the City of Southlake. The five business points of agreement set forth above are intended to address elements remaining from the Developer Fee Agreement on Phases I and II of Southlake Town Square. The parties acknowledge and recognize that a more detailed agreement or subagreement is necessary to implement all of the terms and to resolve all differences relating to the TIF Program. The parties, upon execution of this Letter Agreement, commit to use their best efforts to facilitate the immediate completion of any documentation necessary to fulfill these Agreements. The approval of this Agreement by the City Council of the City of Southlake will authorize the office of the City Manager and the Director of Finance to initiate the procedures for funding the payments set forth herein, subject to the submission of the documentation required for payment and all legal requirements. This Agreement is in furtherance of the TIF and Developer Agreements previously entered into by and between the parties. It contains the negotiated terms intended to settle outstanding disputes. This Agreement shall become null and void if not approved and executed by both parties on or before March 1, 2003. CITY OF SOUTHLAKE: Rick Stacy, Mayor of the City of Southlake ATTEST: CITY SECRETARY AGREED TO AND ACCEPTED: Southlake Venture West L.P.