R2017-095 07-10-2017 RESOLUTION NO. R2017-95
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 Lower Kirby Pearland Management District and a Reimbursement
Agreement with the Pearland Economic Development Corporation associated
with Lower Kirby Park Improvements and the SH 288 Waterline Project.
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 the Lower Kirby Pearland Management District, 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 10th day of July, A.D., 2017.-2c249
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TOM REID
MAYOR
ATTEST:
07 NG L• F'" T' ,�r / =� j
am am
Y SE TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway,Suite 2600
Houston, Texas 77027
June 21, 2017
Mr. Clay Pearson
City Manager Resolution No. R2017-95
City of Pearland, Texas Exhibit"A"
3519 Liberty Drive
Pearland, TX 77581
Re: Financing for Lower Kirby Park improvements
Dear Mr. Pearson:
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT(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 and the City have determined to
proceed with the construction of the Lower Kirby Park improvements (the "Project") in
accordance with the Agreement. The City will make all payments related to the Project in
the estimated amount of$1,000,000 and as outlined in the construction cost estimate,which
is attached hereto as Exhibit"A",and the District agrees to reimburse the City pursuant to
the terms of the Agreement.
[EXECUTION PAGE FOLLOWS]
665125
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 21st day of June, 2017.
Very truly yours,
LOWER KIRBY PEAR ND ANAGEMENT
DISTRICT
B "
By:
President, oars of rectors
AGREED TO AND ACCEPTED this I 'day o 2017.
City of Pea' a , T:. ...
/
By:
C 'an.:er
665125
CLARK CONDON
EXHIBIT A
Pearland Lower Kirby Ivy Pond 5/23/2017
Landscape Improvements 117-015
Preliminary Cost Estimate
Item Qty. Unit Unit Cost Extension
Ivy Pond-Modern Green
Site Prep&Mobilization
Site Prep&Mobilization 1 LS $ 25,000.00 $ 25,000.00
General Conditions 1 LS $ 25,000.00 $ 25,000.00
Permits&Bonds 1 LS $ 50,000.00 $ 50,000.00
TOTAL SITE PREP $ 100,000.00
Demolition
Existing Trees Removal 1 LS $ 50,000.00 $ 50,000.00
Tree Protection 1 LS $ 25,000.00 $ 25,000.00
TOTAL DEMOLITION $ 75,000.00
Grading&Drainage
Earth Moving 1 LS $ 150,000.00 $ 150,000.00
Drainage 1 LS $ 25,000.00 $ 25,000.00
TOTAL GRADING $ 175,000.00
Utilities
Lighting&Electrical 1 LS $ 50,000.00 $ 50,000.00
Site Utilities 1 LS $ 50,000.00 $ 50,000.00
TOTAL UTILITES $ 100,000.00
Hardscape
Site Furniture 1 LS $ 40,000.00 $ 40,000.00
Floating Fountains 2 EA $ 60,000.00 $ 120,000.00
Curb 1,500 LF $ 10.00 $ 15,000.00
Curb Ramps 10 EA $ 1,500.00 $ 15,000.00
Concrete Walk-6'width 36,000 SF $ 6.00 $ 216,000.00
Concrete Walk-10'width 1,200 SF $ 6.00 $ 7,200.00
CLARK CONDON
Item Qty. Unit Unit Cost Extension
Concrete Steps 150 LF $ 50.00 $ 7,500.00
Pedestrian Culverts 100 LF $ 20.00 $ 2,000.00
Bridge Abutments 2 EA $ 20,000.00 $ 40,000.00
Pedestrian Bridges 100' 1 LS $ 250,000.00 $ 250,000.00
Deck Area Overlook 2,100 SF $ 50.00 $ 105,000.00
8'Sloped Concrete Pond Edge 2,500 SY $ 65.00 $ 162,500.00
Playground 1 LS $ 175,000.00 $ 175,000.00
Retaining Walls @ Terrace Area 400 LF $ 150.00 $ 60,000.00
Retaining Wall-Pond Headwalls 150 LF $ 200.00 $ 30,000.00
Arbor @ Terrace Area 2,000 SF $ 75.00 $ 150,000.00
Pavilion 1 EA $ 100,000.00 $ 100,000.00
TOTAL HARDSCAPE $ 1,495,200.00
Softscape
Shade Tree-65 gal. 100 EA $ 550.00 $ 55,000.00
Palm Tree 7 EA $ 2,000.00 $ 14,000.00
Ornamental Tree-30 gal. 70 EA $ 250.00 $ 17,500.00
Shrubs and Groundcover 15,000 SF $ 6.00 $ 90,000.00
Fine Grade and Sod 60,000 SF $ 0.35 $ 21,000.00
Fine Grade and Hydromulch 200,000 SF $ 0.08 $ 16,000.00
Irrigation System 275,000 SF $ 1.00 $ 275,000.00
TOTAL SOFTSCAPE $ 488,500.00
SUB TOTAL $ 2,433,700.00
10%CONTENGENCY $ 243,370.00
SOFT COSTS $ 192,050.00
TOTAL IVY POND $ 2,869,120.00
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LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
October 19, 2016
City Manager
City of Pearland, Texas Resolution No. R2017-95
3519 Liberty Drive Exhibit "B"
Pearland, TX 77581
Re: Financing for SH 288 Waterline Extension
To Whom it may concern:
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT(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 and the City have determined to
proceed with the design and construction of the SH 288 waterline extension(the"Project")
in accordance with the Agreement. The City will make all payments related to the Project
in the estimated amount of $189,000 and as outlined in the construction cost estimate,
which is attached hereto as Exhibit "A", and the District agrees to reimburse the City
pursuant to the terms of the Agreement.
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 19th day of October, 2016.
Very truly yours,
LOWER KIRBY PEARLAND MANAGEMENT
DISTRICT
By: C.-\.- P0
President, Board of Directors
AGREED TO AND ACCEPTED this I., day o ► AI .A 201 .
City of Pe. . rIzcas
By:
'a'y M. ager
622994
EXHIBIT A
UA Engineering,Inc
PRELIMINARY ENGINEER'S ESTIMATE FOR: CLEAR CREEK
WATER LINE
AND MISCELLANEOUS
CITY OF PEARLAND,TEXAS
ESTIMATE BY: ANC
ESTIMATE DATE: 8/30/2016
LJA JOB NO. 2549-0000
WATERLINE IF NO CASING IS REQUIRED UNDER CLEAR CREEK
WATER LINE&MISCELLANEOUS $ 114,800
SUBTOTAL $ 114,800
CONSTRUCTION $ 114,800
CONTINGENCIES(10%) 11,500
ENGINEERING&TESTING(18%) 22,700
TOTAL $ 149,000
ALTERNATE BID IF CASING REQUIRED
WATER LINE&MISCELLANEOUS $ 173,300
SUBTOTAL $ 173,300
CONSTRUCTION $ 173,300
CONTINGENCIES(10%) 17,300
ENGINEERING&TESTING(18%) 34,300
TOTAL $ 224,900
Page 1 of 2
UA Engineering,Inc
PRELIMINARY ENGINEER'S ESTIMATE FOR: CLEAR CREEK
WATER LINE
AND MISCELLANEOUS
CITY OF PEARLAND,TEXAS
ESTIMATE BY: ANC
ESTIMATE DATE: 8/30/2016
LJA JOB NO. 2549-0000
UNIT TOTAL COST
ITEM DESCRIPTION UNIT QUANTITY COST COST
WATER DISTRIBUTION
1 8"PVC WATER PIPE,C-900 DR 18,ALL DEPTHS LF 650 $ 30.00 $ 19,500
2 8"REST.IT.PVC WATER PIPE,C-900 DR 14,ALL DEPTHS LF 350 50.00 17,500
3 BORE&JACK 8"WATER LINE,DOES NOT INCLUDE PIPE* LF 260 125.00 32,500
4 FIRE HYDRANT,ALL DEPTHS, EA 3 3,450.00 10,350
5 8"GATE VALVE&BOX EA 2 1,000.00 2,000
6 AIR RELEASE VALVE WITH MANHOLE EA 1 10,000.00 10,000
7 TRENCH SAFETY SYSTEM,ALL DEPTHS LF 740 5.00 3,700
8 REMOVE AND RELOCATE FH AND CONNECT PROP WL EA I 250.00 250
9 REMOVE EXIST PLUG AND CONNECT PROP WL EA I 200.00 200
10 UTILITY SPOILS CY 225 4.00 900
11 CAST IRON FITTINGS TON 1 3,500.00 3,500
SUBTOTAL WATER DISTRIBUTION ITEMS S 100,400
MISCELLANEOUS ITEMS
I REMOVE AND REPLACE EXISTING FENCE LF 240 $ 20.00 $ 4,800
2 STORM WATER POLLUTION PREVENTION LS 1 1,000.00 1,000
3 BRACE POWER POLES EA 3 1,000.00 3,000
4 FILTER FABRIC FENCE LF 1,480 1.50 2,220
5 HYDROMULCH SEEDING,FINE GRADING,WATERING AC 1 1,400.00 1,400
6 STABILIZED CONSTRUCTION EXIT EA 1 2,000.00 2,000
SUBTOTAL MISCELLANEOUS ITEMS S 14,400
CLEAR CREEK WATER LINE ESTIMATE SUMMARY
SUBTOTAL WATER DISTRIBUTION ITEMS $ 100,400
SUBTOTAL MISCELLANEOUS ITEMS 14,400
TOTAL CONSTRUCTION AMOUNT S 114,800
CONTINGENCIES(10%) 11,500
ENGINEERING&TESTING(18%) 22,700
TOTAL
$ 149,000
'SCALED APPROXIMATION OF BORE&JACK PRICE ASSUMES NO CASING REQUIRED AND IS BASED ON BID TAB FROM VALERIE MARVIN DATED MAY 21ST FROM TOM BASS
PARK WATERUNE
ALTERNATE ESTIMATE IF CASING REQUIRED
1 ALTERNATE PRICE IF 16"STEEL CASING REQUIRED IN LIEU OF LF 260 350.00 91,000
ITEM 3 ABOVE
SUBTOTAL WATER DISTRIBUTION ITEMS $ 158,900
SUBTOTAL MISCELLANEOUS ITEMS 14,400
TOTAL CONSTRUCTION AMOUNT S 173,300
CONTINGENCIES(10%) 17,300
ENGINEERING&TESTING(18%) 34,300
TOTAL ALTERNATE ESTIMATE 5 224,900
'SCALED APPROXIMATION OF BORE&JACK PRICE ASSUMES NO CASING REQUIRED AND IS BASED ON BID TAB FROM VALERIE MARVIN
DATED MAY 21ST FROM TOM BASS PARK WATERLINE
Page 2 of 2
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas nonprofit corporation
I �
By: ;` , ��
Luc'Stevener
Vice Chair tI
CITY OF PEARLAND,
a Texas m ci•aI corporation
By:
Cla l earso' ,
City Maria, -r
ATTEST:
QRLq4f'',
You . Lorfi J ='-° mil_ .; =
Cit secret. "
4
REIMBURSEMENT AGREEMENT
LOWER KIRBY PARK AND 288 WATERLINE CONNECTION
�This Agreement is entered into this lD day o' , 2017, by and between the
CITY OF PEARLAND. TEXAS (hereinafter ' Sy"), _ d 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 PEDC desire the construction of the Lower Kirby Park
(hereinafter, "Park Improvements") and the 288 Waterline Connection (hereinafter, water
Improvements"). The Park Improvements and the water Improvements shall collectively
be referred to as the Improvements; and
WHEREAS, the Improvements represent an infrastructure project located partially within
the boundaries of the Lower Kirby Pearland Management District ("LKPMD"); 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, Section 505.152 of the Code authorizes the expenditure of PEDC funds for
projects related to Recreational or Community Facilities which includes public parks; and
WHEREAS, the PEDC desires to fund a portion of the construction of the Improvements;
and
WHEREAS, the City has entered into a Development Agreement with America Modern
Green ("Developer") to finance the cost associated with the Improvements; and
WHEREAS, the City is eligible for reimbursements from the LKPMD for the costs
associated with the Improvements; and
WHEREAS, the PEDC Board of Directors previously approved funding for the
Improvements at its June 22, 2017 meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements 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. In accordance with the Development Agreement, Developer will be responsible for
financing $1,900,000 of the design and construction of the Park Improvements
described in Exhibit "A" attached hereto. The total cost of the Improvements is
estimated to be $2,900,000, as itemized in Exhibit "B" attached hereto. PEDC
shall fund an amount, estimated to be approximately$1,000,000, an amount equal
to the actual cost of the Improvements exceeding $1,900,000, as defined in the
Developer Agreement with Developer ("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 Improvements.
2. In accordance with the Development Agreement, Developer will be responsible for
financing the design and construction of the 288 Water Improvements described
in Exhibit "C" attached hereto. The total cost of the Improvements is estimated to
be $225,000, as itemized in Exhibit "D" attached hereto. PEDC shall fund an
amount, estimated to be approximately $189,000, equal to its proportionate share
of the actual cost of the Water Improvements, as defined in the Developer
agreement with Developer ("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 Improvements.
3. This Agreement shall be contingent upon City and LKPMD entering into a
Financing Agreement whereby City agrees to pre-finance the Improvements in
return for LKPMD's agreement to reimburse the City for the costs associated with
the Improvements ("Reimbursable Fund Payment"). Within 90 days following City's
receipt of the Reimbursable Fund Payment from LKPMD, City shall make payment
to PEDC, in an amount equal to the Reimbursable Fund Payment, as
reimbursement for the PEDC Participation Amount.
4. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the day of June 26, 2017, and may be renewed as needed
until the Improvements are substantially complete.
5. 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
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
2
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: City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
1200 Pearland Parkway, Suite 200
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.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas nqn profit corporation
By: /f/ .
t-44/(---(212
LucStevener
Vice Chair
CITY OF PEARLAND,
a Texas m jci al corporation
By:
CIa earso ,
City Mana r
ATTEST:
You�,• Lorfi V �(�- _
Cit .ecret % /\ `y
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