Common use of Developer Documents Clause in Contracts

Developer Documents. The Developer has executed and delivered each of the below listed documents (individually, a “Developer Document” and collectively, the “Developer Documents”) in the capacity provided for in each such Developer Document, and each such Developer Document constitutes a valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms: (a) this Developer Letter of Representations; (b) the Development Agreement (Manor Heights) effective November 7, 2018, as amended by the First Amendment to the Development Agreement (Manor Heights) effective November 6, 2019, the Second Amendment to the Development Agreement (Manor Heights) effective October 21, 2020, the Third Amendment to Development Agreement (Manor Heights) effective June 15, 2022, and the Fourth Amendment to Development Agreement (Manor Heights) effective October 2, 2023 (collectively and as amended, the “Development Agreement”), executed and delivered by the City and Sky Village ▇▇▇▇▇▇ Estates, LLC, a Texas limited liability company (“Sky Village ▇▇▇▇▇▇”), and RHOF, LLC, a Texas limited liability company (“RHOF”), as assigned the Developer; (c) the Manor Heights Public Improvement District Financing and Reimbursement Agreement (the “Financing and Reimbursement Agreement”) dated April 21, 2021, executed and delivered by the City and Developer, and as consented to by RHOF and Continental Homes of Texas, L.P., a Texas limited partnership (“Continental Homes”); (d) the Manor Heights Public Improvement District Reimbursement Agreement (Improvement Area #4), effective as of October 18, 2023, (the “IA#4 Reimbursement Agreement”), executed and delivered by the City and Developer; (e) the Landowner Agreement (Manor Heights Public Improvement District) dated as of May 5, 2021, executed and delivered by the City, Developer, RHOF and Continental Homes (the “Landowner Agreement”); and (f) the Continuing Disclosure Agreement of the Developer. The Developer has complied in all material respects with all of the Developer’s agreements and covenants and satisfied all conditions required to be complied with or satisfied by the Developer under the Developer Documents on or prior to the date hereof. The representations and warranties of the Developer contained in the Developer Documents are true and correct in all material respects on and as of the date hereof.

Developer Documents. The Developer has executed and delivered each of the below listed documents (individually, a “Developer Document” and collectively, the “Developer Documents”) in the capacity provided for in each such Developer Document, and each such Developer Document constitutes a valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms: (a) a. this Developer Letter of Representations; (b) b. the Whisper Valley and Indian Hills Annexation and Development Agreement (Manor Heights) Agreement, effective November 7as of June 18, 20182009, as amended by and among the First Amendment to the Development Agreement (Manor Heights) effective November 6, 2019City, the Second Amendment to the Development Agreement (Manor Heights) effective October 21, 2020, the Third Amendment to Development Agreement (Manor Heights) effective June 15, 2022Developer, and the Fourth Amendment to Development Agreement Club Deal 116 Indian Hills TX, Limited Partnership, a Delaware limited partnership (Manor Heights) effective October 2, 2023 (collectively and as amended, the “Development Agreement”); c. the Whisper Valley Public Improvement District Financing Agreement, dated as of November 1, 2011, executed and delivered by the City and Sky Village ▇▇▇▇▇▇ Estatesthe Developer, LLCas amended by that certain First Amendment dated March 28, a Texas limited liability company 2019 and by that certain Second Amendment dated July 30, 2022 (as amended, the “Sky Village ▇▇▇▇▇▇Financing Agreement”), and RHOF, LLC, a Texas limited liability company (“RHOF”), as assigned the Developer; (c) d. the Manor Heights Whisper Valley Public Improvement District Financing Acquisition and Reimbursement Agreement (the “Financing and Reimbursement Agreement”) dated April 21, 2021Improvement Area #2, executed and delivered by the City and Developer, and as consented to by RHOF and Continental Homes of Texas, L.P., a Texas limited partnership the Developer (the “Continental HomesReimbursement Agreement”); (d) the Manor Heights Public Improvement District Reimbursement Agreement (Improvement Area #4), effective as of October 18July 30, 20232022; and e. the Continuing Disclosure Agreement of Developer with respect to the Bonds, (the “IA#4 Reimbursement Agreement”)dated as of December 1, 2022, executed and delivered by the City and Developer; (e) the Landowner Agreement (Manor Heights Public Improvement District) dated as of May 5, 2021, executed and delivered by the City, Developer, RHOF P3Works, LLC, as Administrator, and Continental Homes U.S. Bank Trust Company, National Association, as Dissemination Agent (the “Landowner Agreement”); and (f) the Continuing Disclosure Agreement of the Developer”). The Developer has complied in all material respects with all of the Developer’s agreements and covenants and satisfied all conditions required to be complied with or satisfied by the Developer under the Developer Documents on or prior to the date hereof. The representations and warranties of the Developer contained in the Developer Documents are true and correct in all material respects on and as of the date hereof.