R2017-093 2017-05-08RESOLUTION NO. R2017-93
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Letter Financing Agreement with
the Pearland Municipal Management District No. 1, and a Reimbursement
Agreement with the Pearland Economic Development Corporation associated
with the West Conveyance Pond.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Letter Financing Agreement by and between the City of Pearland
and Pearland Municipal Management District No. 1, a copy of which is attached hereto as Exhibit' A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That certain Reimbursement Agreement, by and between the City and the
Pearland Economic Development Corporation, a copy of which is attached hereto as Exhibit "B" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Letter Financing Agreement and Reimbursement Agreement
attached hereto.
PASSED, APPROVED and ADOPTED this the 8th day of May, A.D., 2017.
ATTEST:
APROVED AS TO FORM:
i6)1AA- 54G2A) )44
DIARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
�`i
Resolution No. R2017-93
Exhibit "A"
PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
February 8, 2017
Mr. Clay Pearson
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
Re: Financing for land acquisition (other than the Texas Department of
Transportation drainage ditch) needed for Master Drainage Plan
Dear Mr. Pearson:
Pearland Municipal Management District No. 1 (the "District") and THE CITY OF
PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement")
dated February 6, 2014, to provide for the financing and construction of facilities to serve
land within the District. The District adopted a Master Drainage Plan on February 6, 2014,
updated on October 19, 2016. The District and the City have determined to proceed with
the acquisition of the underlying fee interests or easements in properties (other than the
TxDOT drainage ditch) needed to implement the Master Drainage Plan (the "Project").
Although the actual costs are difficult to determine, the Parties best estimate of the total
cost of the Project is $1,395,692. The Parties expect the properties to be acquired in pieces
and in phases. The City will acquire all such properties needed for the Project and make all
payments related to the Project on the condition that the District agrees to reimburse the
City for all costs to the maximum extent approved by the Texas Commission of
Environmental Quality, for the District's 27.7% share of the Project, subject to the terms and
conditions of the Agreement. As each parcel is acquired in fee, the City shall fill in the form
attached hereto as Exhibit A to document the actual Project costs.
[EXECUTION PAGE FOLLOWS]
645034
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 8th day of February, 2017.
Very truly yours,
PEARLAND MUNICIPAL MANAGEMENT
DISTRICT NO. 1
By: / 4/1)
President, Board of/Directors
AGREED TO AND ACCEPTED BY THE CITY OF PEARLAND this day of
rna-c_� . 2017.
645034
EXHIBIT A
LAND ACQUISITION PROJECT COSTS
1 Description
1
645034
Amount Paid 1
1
Resolution No. R2017-93
Exhibit "A"
PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
May 2, 2017
Mr. Clay Pearson
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
Re: Financing for design and construction of the West Conveyance Pond
Dear Mr. Pearson:
Pearland Municipal Management District No. 1 (the "District") and THE CITY OF
PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated
February 6, 2014, to provide for the financing and construction of facilities to serve land within the
District. The District adopted a Master Drainage Plan on February 6, 2014, updated on October 19,
2016. The District and the City have determined to proceed with the design and construction of the
West Conveyance Pond (the "Project) in accordance with the Agreement. The City will pre -finance
payments to the District related to design of the Project in the amount of $66,762.00 as outlined in
the proposal from LJA Engineering, Inc., which is attached hereto as Exhibit "A", and construction
of the Project in the estimated amount of $260,700.00 as outlined in the preliminary engineer's
estimate, which is attached hereto as Exhibit "B", and the District agrees to reimburse the City for
the District's 27.7% share of the Project, subject to the terms and conditions of the Agreement.
This agreement was duly authorized at a meeting of the Board of Directors of the District
held on the 2nd day of May, 2017.
Very truly yours,
PEARLAND MUNICIPAL MANAGEMENT DISTRICT
NO.1
By' LA. .tom J.
Pre ent, Board of D'a ec • rs
A REED TO AND ACCEPTED BY THE CITY OF PEARLAND this 8th day of
. 2017.
656614
EXHIBIT A
LJA Engineering, Inc.
,,Je2 L{narpafk_'ive ijocE 713 521,0
Suite 600 Fax 7139535626
Holston texas 77042 v wa llaeng neenng.cern
TBPE Nv F 1386 TBPLS 141 101/0501
114
March 8, 2017 PROPOSAL
Mr. Ron Dagley - President
Lower Kirby Pearland Management District
c/o Allen Boone Humphries Robinson LLP
Phoenix Tower
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
Re: West Conveyance Pond
Lower Kirby Regional Detention
Lower Kirby Pearland Management District
City of Pearland, Texas
LJA Proposal No. 17-00292
LJA Job No. 2209-1503
Dear Mr. Dagley:
LJA Engineering. Inc. (LJA) is pleased to submit this proposal for the following services for the
West Conveyance Pond in accordance with the terms and conditions set forth in the
Engineering Services Agreement dated February 6, 2014.
SCOPE OF SERVICES
Phase Description Fee
Surveying
205 Design Survey (2.0% of Const. Cost) $ 5,735
208 Control Staking (1.O% of Const. Cost) $ 2,868
Basic Services
401 Design and Construction Administration 1$ 260.700 x 9.6%) $ 27,243
409 Project Representative (3.5% of Const. Cost) $ 10,037
Additional Services
413 Storm Water Pollution Prevention Plan $ 5,000
414 Geotechnical Study $ 8,580
415 Construction Testing Services $ 4,299
Z99 Reimbursable Expenses $ 3,000
TOTAL $ 66,762
The reimbursables budget will be used for the actual expenses Incurred on the project including
bid advertisement, printing, mileage, etc. This proposal does not include Right-of-
Way/Easement acquisition services or environmental services.
4'u;2ot,Al.Q01:u oNnr Kirby Pwnunn 6tuiapnner 1117 OQ292 W r11 Conveyance Pori Draft f •.trawl e;.
Mr. Ron Dagley — President
March 8, 2017
Page 2 of 2
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. If you should have any questions or require additional information, please do not
hesitate to contact me at 713.953.5096.
Sincerely,
62 -
James D. Ross, PE
Vice President
JDR/ew
ACCEPTED FOR:
LOWER KIRBY PEARLAND MANAGEMENT
DISTRICT
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By: 6�"
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Name:
//say ?�
Title --"5/
Date 3���5/Z0/7
OAPROPOSAL12017Yna.r Kirby P..do d wriprnonn17-00242 W. Cmnv.y.nc. Pond DWI P,vgc doc
EXHIBIT B
UA Engineering, Inc
PRELIMINARY ENGINEER'S ESTIMATE FOR: WEST CONVEYANCE PONT)
CITY OF PFARLAND, TEXAS
ESTIMATE BY: HARRIS COUNTY
ANC
ESTIMATE DATE: 1/18/2017
LIA JOB NO. 2209.0000
UNIT TOTAL
rrEM DESCRIPTION UNIT QTY COST COST
EXCAVATION ITEMS
1 EXCAVATION, HAULING, PI ACEMEN . AND COMPACTION CY 14,560 $ 5.00 $ 72,800
OF DIRT, AS INDICATED ON PLANS
2 MOBILIZATION LS 1 40,000.00 40,000
3 CLEARING AND GRUBBING AC 3.1 8,775.00 27,203
4 24" COMP STORM SEWER I.F 200 270.00 54,000
5 TRENCH SAFETY LF 200 6.00 1,200
6 BROADCAST SEEDING OF POND MATIN. BERMS AC 1.0 600.00 600
7 HYDROMULCH SEEDING OF POND SIDE SLOPES AC 3.1 1,200.00 3,720
SUBTOTAL EXCAVATION ITEMS $ 199,500
MIS('EILANEOUS ITEMS
1 SEEDING OF FILL AREAS AC 2.0 $ 600.00 $ 1,200
2 POND DEWATERING (GROUNDWATER CONTROL) LF 1,753 25.00 43,825
3 INSTALL. AND MAINTAIN FILTER FABRIC FENCE LF 3,700 1.00 3,700
4 STABILIZED CONIRIICIION EXrr EA 1 1,200.00 1,200
5 STORM WATER POLLUTION PREVENTION COMPI)ANCE EA 1 1,000.00 1,000
6 TYPE 2 ROCK FILTER DAM EA 1 2,000.00 2,000
7 COFFER DAM LS 1 8,250.00 8,250
SUBTOTAL MISCELLANEOUS ITEMS S 61,200
DETENTION ESTIMATE SUMMARY
SUI3TOTAI. EXCAVATION POND $ 199,500
SUBTOTAL MISCELLANEOUS ITEMS 61,200
TOTAL CONSTRUCTION AMOUNT S 260,700
Page 1 of l
Resolution No. R2017-93
Exhibit "B"
REIMBURSEMENT AGREEMENT
LOWER KIRBY: WEST CONVEYANCE POND
This Agreement is entered into this th day of , 2017, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic
Development Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and Lower Kirby Pearland Management District ("LKPMD") and
Pearland Municipal Management District No. 1 ("PMMD#1") have approved a Master
Drainage Plan ("Plan") for the area located within the boundaries of LKPMD and
PMMD#1.
WHEREAS, the LKPMD, PMMD#1, City and PEDC desire to make drainage
improvements for a West Conveyance pond to be located between Kirby Drive and the
Main detention pond, and between Fruge Road and Clear Creek, as shown in "Exhibit
A" attached hereto, in accordance with the Plan (hereinafter "Improvements"); and
WHEREAS, the Improvements represent an infrastructure project located within the
boundaries of the LKPMD; and
WHEREAS, the City and PEDC desire to acquire the fee simple title property interest in
the property in order to make the Improvements (hereinafter "Acquisition"); and
WHEREAS, the LKPMD will design and construct the Improvements on behalf of
PMMD#1; and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, the PEDC desires to fund PMMD#1's portion of the Acquisition, and
engineering and construction of the Improvements and related expenses; and
WHEREAS, the City is entitled to receive eligible reimbursements from PMMD#1 for the
costs associated with PMMD#1's portion of the Acquisition, engineering, and construction
of the Improvements; and
1
WHEREAS, PEDC approved funding for the Acquisition, engineering and construction
of PMMD#1's portion of the Improvements at its March 30, 2017 Board of Directors'
meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Acquisition and reimbursement of said costs.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. The City shall contract for all professional services necessary to provide
documentation to acquire the fee interest in the Acquisition.
2. The City will acquire, on behalf of the LKPMD and PMMD#1, the parcel needed
for the Improvements.
3. The City shall acquire the parcel as identified in Exhibit "B" attached hereto. The
total estimated cost of the Acquisition and Improvements is $1,000,000, as shown
in Exhibit "C". PEDC shall fund the actual cost (estimated to be $277,000) of
PMMD#1's 27.7% share of the Acquisition, engineering and construction
expenses for the Improvements ("PEDC Participation Amount"), which shall be
paid to City in installments or a lump sum amount. The timing and amount of the
payment shall be determined at sole discretion of the City, but in no event shall the
total payments exceed the actual cost of the Acquisitions.
4. This Agreement shall be contingent upon the City and PMMD#1 entering into a
Financing Agreement whereby City agrees to pre -finance PMMD#1's portion of the
Acquisition, engineering and construction expenses for the Improvements in return
for PMMD#1's agreement to reimburse said expenses ("Reimbursable Fund
Payment"). Within 90 days following City's receipt of a Reimbursable Fund
Payment from PMMD#1 that is attributable to the Acquisition, engineering or
construction, City shall make payment to PEDC, in an amount equal to the
Reimbursable Fund Payment, as reimbursement for the PEDC Participation
Amount.
5. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the $' th day of , 2017, and may be renewed as needed
until the Improvements are substantial complete.
6. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
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sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 300
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
ATTEST:
'IL ....AIL?).
#1/
ng Log
Secr: ary
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corpor ion
By:
Rushi Patel
Chair
CITY OF PEARLAND,
a Texas mur}icipal 'ojoration
By:
Clay I arso
City Manag-r
4