Loading...
R2017-103 07-10-2017 RESOLUTION NO. R2017-103 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a Development Agreement with America Modern Green Development(Houston)for the construction of on-site public infrastructure and amenities associated with the Ivy District Planned Development (generally located at the intersection of South Spectrum Boulevard and SH 288 frontage road). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement, 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 the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Development Agreement. PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2017. TOM REID MAYOR ATTEST: Y NG Lo'' G, Tj�%C YSE• •'ETARY ' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2017-103 Exhibit "A" DEVELOPMEN 1 AUKEt.,MJ N°1 FOR ONSITE PUBLIC IMPROVEMENTS (EXHIBIT"A"TO RESOLUTION NO. R2017-103 ) This Agreement is entered into this 1644\ day of , 2017, by and between the City of Pearland, Texas (hereinafter"City") and America Mode Green Development (Houston), LLC, or any successor or assign(hereinafter referred to as"Developer"). WHEREAS, Developer owns certain land, more accurately described in Exhibit "A" (hereinafter, "Property"), that is located in the City within the boundaries of the Lower Kirby Pearland Management District(hereinafter"LKMD"); and WHEREAS, Developer desires to develop a multi-use development called the Ivy District (hereinafter, "Project") as more accurately reflected in the Ivy District PD attached hereto as Exhibit `B", which may be amended from time to time without further amendment to this Agreement; and WHEREAS, Developer and City agree that certain on-site public road (including streetscape), water, sewer, and drainage facilities, and park and recreational facilities, as further described in Article IV below, are required to serve the Project("Onsite Improvements"); and WHEREAS, approved Development Agreements with the City for the construction of the certain offsite streets and water, sewer, and drainage facilities ("Offsite Improvements") and Onsite Improvements is a condition to the final Planned Development (City of Pearland Ordinance No. 2000M-144) for the Property; and WHEREAS, the Development Agreement for the Offsite Improvements (City of Pearland Resolution No. R2017-38)was approved by the City of Pearland on February 27, 2017; and WHEREAS, in order to facilitate the orderly development of the Property, City and Developer desire an agreement to set forth their respective responsibilities of the Parties with regard to the construction of Onsite Improvements. WITNES SETH: 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: ARTICLE I INCORPORATION OF RECITALS 1.1 Recitals Incorporated.The representations, covenants, and recitations set forth in this Agreement are material to this Agreement and are hereby found and agreed to be true and correct and are incorporated into and made part here of as though they were fully set forth in this article. ARTICLE II COOPERATION 2.1 Action of the Parties. The Parties agree to take such actions, including the execution and delivery of such documents and instruments as may be necessary or appropriate to carry out the terms and intent of this Agreement. ARTICLE III EFFECTIVENESS OF AGREEMENT This agreement shall become effective from and after its approval and execution by both Parties. ARTICLE IV RESPONSIBILITIES OF THE PARTIES 4.1 Design Standards and Bidding. (a) All Onsite Improvements shall be designed and constructed in accordance with all applicable City rules and regulations,the Ivy District PD, the LKMD park plan, and any other applicable standards of a governmental entity having jurisdiction of such facilities, as of the date of this Agreement (the "Design Standards"). The City and the Developer agree that any Exhibits depicting the Onsite Improvements are general conceptual plans and that the final design and construction of the Onsite Improvements may vary from the Exhibits without further amendment to this Agreement if the design and construction is in accordance with the Design Standards. (b) Construction contracts for all Onsite Improvements shall be subject to the competitive bidding requirements of Chapter 252, Local Government Code. Notwithstanding the foregoing, if any Onsite Improvements are proposed to be constructed by LKMD, the parties agree that any such facilities shall be subject to LKMD's competitive bidding requirements and procedures. 4.2 Roads, Utilities, and Streetscape Improvements. (a) The Developer will develop and convey to the City the following three public roads, including related water, sewer and drainage facilities, within the Property: Parkview Terrace, Green Ivy Drive, and Modern Green Drive (collectively,the"Internal Public Roads"), as generally shown on the Ivy District PD. (b) In addition, Developer shall, at Developer's expense, cause the construction the following streetscape improvements to each of the following Internal Public Roads (collectively, the"Streetscape Improvements"): 1. The improvements in the Civic Plaza, include but not limited to landscaping, irrigation, benches, receptacles, architectural fountain with seating, sidewalks, brick 2 pavers, brick cross walks and decorative street lighting fixtures along Parkview Terrace, as generally shown on Exhibit"C" attached hereto. 2. The improvements, including but not limited to landscaping, irrigation, benches, receptacles, sidewalks, brick pavers, brick crosswalks and decorative street lighting fixtures along Green Ivy Drive,as generally shown on Exhibit"D"attached hereto. 3. The improvements, including but not limited to landscaping, irrigation, sidewalks, brick pavers, brick cross walks and decorative street lighting fixtures along Modem Green Drive, as generally shown on Exhibit"E"attached hereto. 4. The improvements, including but not limited to landscaping, irrigation, sidewalks, brick pavers and decorative LKMD street lights along the perimeter roads of Promenade, South Spectrum and 288 Frontage Road. 5. All utilities on Parkview Terrace, Green Ivy Drive and Modem Green Drive will be located underground. (c) Developer and City agree to the following terms with respect to the Streetscape Improvements: 1) The City agrees that the Streetscape Improvements may be constructed within the right of way for the Internal Public Roads and agrees to execute or memorialize its consent to the encroachment of the Streetscape Improvements by plat or separate recorded instrument. 2) The Developer agrees that the City shall have no obligations with respect to the maintenance of the Streetscape Improvements. The City agrees that the Developer, and/or successor property owner association, may enter into any necessary agreements with LKMD or a property owners association for the Property for ownership and maintenance of the Streetscape Improvements. Maintenance shall include all costs for utilities (not including utilities for streetlights), maintenance and repairs. The City shall not be responsible to repair or replace any Streetscape Improvements that may be disrupted by future construction activity to maintain the City roads and utilities. 4.3 Detention and Park Improvements. The Developer will improve and further develop the regional drainage and detention facility located on the Property (the "Detention Pond") to improve current drainage and detention functions and to develop the facility for secondary use as a park and recreational facility. The City has agreed to cost share a portion of such improvements with the Developer. If approved by LKMD, and subject to the terms described below, LKMD will design and administer contracts for the construction of the improvements to the Detention Pond, including the drainage and detention improvements shown on Exhibit "F" (the "Detention Improvements"), and the park, bridge and recreational improvements described on Exhibit "G" (collectively the "Park Improvements). The City and the Developer agree to the following terms with respect to the Park Improvements and Bridge Improvements: a) The City and Developer agree that the LKMD will be authorized to construct the Park Improvements, in a manner consistent with the Ivy District PD, with funds from the 3 City and Developer. The final plans for the Park Improvements will be approved by the City staff and Developer. b) The City shall assist LKMD in acquiring any necessary easements, rights, or permits to construct the Park Improvements, including the Bridge Improvements, over any portion of property outside the Developer's Property. c) The estimated cost for the Park Improvements is $2,869,120, including design and contingency, is shown on Exhibit H (the "Park Improvements Cost"). The City and the Developer agree to share in all costs on a percentage basis, including construction, design and testing, for the Park Improvements as follows: Pro Rata Share of Park Estimated Share of Park Improvements Improvement Costs Developer Cost 66% $1,893,619.20 City Cost 34% $975,500.80 d) Notwithstanding the foregoing,the Developer's share of Park Improvements shall not exceed $1,900,000. If the Developer's estimated share of Park Improvement Costs is expected to exceed $1,900,000,*(i) the City may increase its Pro Rata Share of Park Improvement Costs by notifying the Developer in writing of its intent to do so or (ii) require LKMD to modify the Park Improvements in a manner consistent with the Ivy District PD and such that Developer's share of Park Improvement Costs is less than $1,900,000. The Detention Improvements will be at the cost of the Developer. e) Within 30 days of receipt of request from the LKMD,the Developer and City agree to advance their estimated share of the Park and Detention Improvement Costs (the "Park and Detention Improvement Advance"). f) If requested by LKMD,the City and Developer shall be required to remit payment for any projected additional amounts required as each share of Park Improvement Costs within 30 days of notice from the LKMD. g) Upon completion of the Park Improvements, the City will have no obligations with respect to the maintenance of the Park Improvements. Upon completion of the Park Improvements, or earlier upon request by LKMD, the Developer will convey the Detention Pond, together with the Park Improvements, to LKMD for ownership. The Detention Pond will be part of the Lower Kirby Regional Detention Master Drainage Plan. h) The Developer shall cause a property owners association to enter into an agreement with LKMD to reflect the property owners' obligations with respect to the maintenance of the Park Improvements for recreational purposes and LKMD's obligations with respect to the maintenance of the Bridge Improvements and the Pond Improvements related to primary drainage and detention purposes. Developer's, or a property owners association's, maintenance obligations shall include all costs for utilities, maintenance and repairs not related to drainage and detention purposes, and shall include repairs to the pond fountains and water to maintain appropriate pond water level. 4.4 Waterline Construction. Developer is required to connect an 8"waterline to serve the Project to the existing waterline to the south of the Property. The City has agreed to cost 4 share a portion of the waterline extension with the Developer. If approved by LKMD, LKMD shall be responsible for designing and managing the construction of approximately 1,010 linear feet of an 8" waterline (hereinafter, "Waterline Improvements") extending from the intersection of SH 288 at Modem Green Drive south along the SH 288 frontage roads to the Shadow Creek Market Place, as depicted in Exhibit "I" attached hereto, in accordance with the following terms: a) The City and Developer agree that the LKMD will be authorized to construct the Waterline Improvements with funds from the City and Developer. b) The estimated cost for the Waterline Improvements is$224,000. The City and the Developer agree to share in all costs on a percentage basis, including construction, design and testing, for the Waterline Improvements (the "Waterline Improvement Costs")as follows and as shown on Exhibit"I": Attributable Waterline % Estimated Share of Costs Improvements Developer Cost 275 linear feet 27 $61,247 City Cost 735 linear feet 73 $163,696 c) Within 30 days of receipt of request from the LKMD, the Developer and City agree to advance their estimated share of the Waterline Improvement Costs (the"Waterline Advance"). d) If requested by LKMD, the City and Developer shall be required to remit payment for any projected additional amounts required as each share of Waterline Improvement Costs within 30 days of notice from the LKMD. e) The City shall own, operate, and maintain the Waterline Improvements upon completion. 4.5 Construction Deposits and Plat Approval. (a) The Developer shall be required to make certain deposits for Onsite Improvement costs (the "Construction Deposits") with LKMD as follows: 1. Prior to commencing design of any Onsite Improvement, the Developer shall be required to deposit with LKMD 100%of projected design, engineering, surveying or other administrative costs for any such Onsite Improvement. 2. Prior to the award of any contract for the construction of any Onsite Improvement, the Developer shall be obligated to deposit with LKMD an amount equal to one hundred and ten percent(110%)of the contract award amount. 3. The Developer shall use its best efforts to work with LKMD and the City to require any contracting entity for any Onsite Improvement to warrant such Onsite Improvement for a period of two (2) years following acceptance by LKMD or the City and shall provide a maintenance bond in an amount equal to one hundred percent (100%) of the costs of such Park Improvements to cover any warranty repairs needed to the Improvements during the warranty period. 4. If amounts deposited with LKMD for an Onsite Improvement cost are less than what is required for that Onsite Improvement, the Developer will allow LKMD to reallocate such remaining deposited funds for other Onsite Improvement costs. 5 (b) Upon the City receiving written acknowledgement from LKMD Board of Directors that they have received all Construction Deposits and that the Construction Deposits will used for the necessary Road or Onsite Improvements,the City agrees to accept for filing and presentation to the City's Planning and Zoning Commission for final approval of Developer's final subdivision plat for the Property. If the Developer fails to have all Onsite Improvements completed before the Developer requests approval of a final plat, the Developer may elect to meet its requirements for Construction Deposits by depositing with LKMD an amount equal to 125% of LKMD's estimated cost for all remaining outstanding Onsite Improvements in accordance with the Design Standards. (c) Nothing in this Agreement shall be construed to limit the Developer's ability to request from LKMD a refund of any remaining Construction Deposits after the completion of all Onsite Improvements. 4.7 Building Permits. Upon application or request by the Developer, the City shall authorize building permits for the Property, subject to the following conditions: (a) Payment of the Construction Deposit in accordance with Section 4.6 above; (b) The Developer has satisfied all applicable obligations set forth in any other agreement between Developer and the City related to the Property, including but not limited to other Development Agreements related to offsite public road improvements and streetscape improvements; and (c) The proposed building plans comply with all applicable City regulations. 4.8 Reimbursement Agreements. Nothing in this Agreement shall be construed to prohibit or preclude Developer or City from requesting or obtaining reimbursement for eligible public improvement costs from another political subdivision of the State of Texas, including but not limited to LKMD. The parties to this Agreement acknowledge that performance of their respective obligations hereunder may be conditioned upon approval of separate agreements related to reimbursement of eligible expenses, and the parties agree that the construction of any public improvements described herein may be constructed pursuant to contracts awarded and administered by LKMD, in accordance with all applicable legal requirements including any provisions of the Chapter 3840, Texas Special District Local Laws Code, Chapter 375, Texas Local Government Code, and Chapter 49, Texas Water Code, and/or conveyed to the City for acceptance, ownership, and operation. ARTICLE V TERM The initial term of this Agreement shall be for a period of three(3)years, commencing on the day of 2017, and terminating on the Jo - day of Su k , 202Dunless agreed to be extended both parties. ARTICLE VI AUTHORITY COVENANTS 6 6.1 Powers. (a) The City hereby represents and warrants to Developer that it has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perform the terms and obligations of this Agreement, and all of the foregoing have been or will be duly and validly authorized and approved by all necessary City proceedings, findings and actions. (b) Developer hereby represents and warrants to the City that it has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by Developer's authorized representative. ARTICLE VII GENERAL PROVISIONS 7.1 Time of the essence. Time is of the essence of this Agreement. The Parties will make every reasonable effort to expedite the subject matter hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 7.2 Default. (a) A party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. (b) Before any failure of any party to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to performed the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining party within 30 days of the receipt of such notice, subject, however, to the terms and provisions of Section 7.2 (c). Upon a breach of this Agreement, the non-defaulting Party, in any court of competent jurisdiction, by an action of proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. Except as otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Section of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to ay Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in any event of a default by the other Party. (c) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, without limitation, pending or threatened litigation, 7 acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, the time for such performances shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written notice of the commencement of any such delay resulting from such "force majeure" event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a"force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. 7.3 Notices. Any notice sent under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by or personally delivered to an officer of the receiving party at the following addresses: • If to the City: Clay Pearson- City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 With a copy to: Darrin Coker- City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 If to Developer: America Modern Green Development(Houston), LLC 11233 Shadow Creek Parkway, Suite 289 Pearland,Texas 77584 With a copy to: The Muller Law Group, PLLC 16555 Southwest Freeway, Suite 200 Sugar Land,Texas 77479 Attn: Nancy Carter Each party may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by facsimile shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, an authorized officer of the City or Developer,as the case may be. 7.4 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is approved by the City Council and the Developer. No course of dealing on the part of the City or Developer nor any failure or delay by the City or Developer with respect to exercising any right, power or privilege pursuant to this Agreement shall operate as a waiver thereof,except as otherwise provided in this Section. 8 • 7.5 Invalidity. In the event that any of the provisions contained in the Agreement shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions of the Agreement and,to that end, all provisions,covenants, agreements or portions of the Agreement are declared to be servable. 7.6 Successor and assigns. Developer shall have the right to assign its rights under this Agreement or any interest herein, so long as it first gives to the other party notice of such assignment and acknowledgement of such assignment from the assignee and obtains the prior written consent from the other party to such assignment,which consent shall not be unreasonably withheld, conditioned or delayed. This Agreement shall be binding on and shall inure for the benefit of all parties and their permitted successors and assigns. 7.7 Exhibits, titles of articles, sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of the Agreement for the purpose stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of the Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a section or subsection shall be considered a reference to such section or subsection of the Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 7.8 Applicable law. This Agreement is a contract made under and shall, be construed in accordance with and governed by the laws of the United States of America and the State of Texas, and any actions concerning this Agreement shall be brought in the Texas State District Courts of Brazoria County. 7.9 Entire agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 7.10 Approval by the parties. Whenever the Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent shall not be reasonably withheld or delayed. 7.11 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute by one and the same agreement. 7.12 Interpretation. This Agreement has been jointly negotiated by the parties and shall not be construed against a party because that Party may have primarily assumed responsibility for the drafting of this Agreement. [Signature pages follow] 9 IN WITNESS WHEREOF, the parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written CITY: CITY • ' 'EARLAND, TEXAS, a home rule munic' Ij 'Pear •n City M. eager ATTEST: ' ung .rig c ,' ' ity S-• etary '••••.... .....: APPROVED AS TO FORM: Darrin M. Coker City Attorney AMERICA MODERN GREEN DEVELOPMENT (HOUSTON), LLC, a Texas limited liability company By: . Name: ( Title: 10 STATE OF TEXAS § COUNTY OF §§ BEFORE ME, the undersigned Notary Public, on this day personally appeared Clay Pearson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /0t DAY OF 9-Lji , A.D., 2017. _ - NOTARY PUBLIC AND FOR # E STATE OF TEXAS REBECCA A. BOWERY NOTARY 0, )C Notary�• TATE�OF TEXAS he s Printed Name: &a 4. Zowe -�l Expires:01-31-2021 My Commission Expires: /. .31. vU'02- 11 STATE OF WASHINGTON § § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared 7/#06€4,,, a2 /.iri , known to me to be the person whose name is subscribed to the foregoing instrument an el.cknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ( DAY OF Su\‘1 ,A.D., 2017. ,t- ,e-,:Z NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS '���P2VPVS, KHALLID WILLIAMS n.Notary Public,State of Texas Printed Name: � 11,d VV,M\1ams _= 4 Comm. Expires 07-22-2020 My Commission Expires:54X1 22.2n20 •44,;o%\ Notary ID 130735944 12 EXHIBIT "A"—Legal Description of Property r, fit ipi usi Li f ss ; t 55 I c,i N,r!Z i': g . 1 l't;:it ,_.1 3d§ 8 P41,,r. ,. g• II., x ;,- :07, :,-%i r. i 70'; ; ''. x. '''PT :AV i ' fit il z -.> ... 4 ' l'.. 1.'" -•' '` '.•°" l' 3•' -. °• °. °X g.- GA- g A, 1 3 g •43.t f g, 2 vIls is.- . . •., ., .:: p *X g al , --tv ,E 0-. .."'r . ' •3''' -V i t 1 *.SW- Ifes' 124E i: i g. .4 ; g r.' lb WE. *i 3<g3V 11' ' 7•1* 12 f,i v.:- El.-, ,x8.1 1 ;x v. aw 131.1i :1'4 1,2iZt 13 ii/ g2'i . pi p ,i-,4 5g,j. .,„..-- — ---- xl 41 241 i oi_ .X. ...,t ..Ra L,., i-:•. , il i f!! r44i. :10 §; 'ill g: gl. :18.:-,,E 41 4 xtei Try g 4 a . og a /-' • § 11 t :1'112;: : :fad. , VI, \\ , \ i;17; I'd . ;7„. --tg ? ! ,! g. 0,-,V ..; N : ..iNeg ut", .i.S Wi,i iii° '! 3 3• "t it • ' - ....41 i;gi .3;4/; !W i , := i? # LI I i i i ; :I., \ itth 9;7: ;.i.t ' 11174 l6.- i -0 0 i; 1 - - E-2'41 izil !"Iiin iitg gi xi xl; .i '3 -F-—--t— - : t r Ts" RI,: *:',£i gli, I, .1.,, r, I, i 4 . ; i ..t.1 2-0 'Iii" t 4 rt It tn il 0 7q." FR.V-3 ril' .* t *. W .i.- —1-—— ——1 / 5 vol ,s-1 .9„,! .0, , ,i ,„ i / o -4- his, 11,1 !„ !, !?. 1- i t•- iA..= ki.:, 1 kY :7,; g..4 ti 0 p,-11( . #. . gl illifij & if Id agig ig i N I/ . S'il fig:i nizi '! ! ;:t ,.;.; zi gi ”.. t I i.1`.....: 3?...,..- y ; • P " -4; : ; :ii:. :t ;; :: .1; 4 iii"le.12 I J' I 7..'?' F■ ';i,- ; 8 ,;3•53.:". 'ili JUZI 1,:in it ':-,: li A- kg ; .tr ."- Jt .',1 til .0 ,Isa • . e.i,, 1....-' 1, !:, g-E3 r '6,-- j . . 1: rtI0 .I .i. Iza ...% =.?: il oa........) /3 99z AVIAKM 31.11.5 11 /.....,:::;pic..`:,1„ 't %a cyz A / , .. , tt e. 9 ------ ) _t7 1 • / i I , 't-lAb ftr41;=: im r • 40-,44'Ab Mkt! 0 , , / , . ' I • I 'fi.$11'44 i 4 1 , I l'i „..j....."--.-- 1 .J 4 f7 ,.•,/ E.6, i. . i , • ( - lgxfs i 'AAA,. , 4 (i/ § P.1 i *.tokek, < ig17 1 • `*.--...i ‘ \ ' • V-E.t, . _ .. ..: , , \ (1 1 \ r- I • -:4, ,t i :‘,. 4..—, . . % 'NO I ... I \ \\ 5 \ • 2 4ii 1 \ \ ', _ ., \*.?sk \ Nal --'.5 ot i I k_, e) lg. . ; , .44 .:: I 1g WI. , -6. ha - ' x , RS ri'l 1, gti I 421 11 v i \ 1 \ ,4_, \ ,x4 9 ....4-,..,.,-.-. \ ( 7 ..," I ., 0 44,t+b 9 \ • I .q , 11 1 '2g1 r , .) ft f in •.,,... , , ...„ 1 i i 1`41 el 3Agla Sd0.15 E f , —aura_ g • g. 9.--i li 1 ll._ !k1 ft a qrge,!it it..i V. p I "E . '...,1 Pg U• igN 1.13;12 "i..: „ej 11., ..- .4VL' I 1 5,1- I 5...., U . EXHIBIT "B"—Planned Unit Development Exhibit B ,... AecOrdinance -�5 -�of� rdinance No. 2000M-144 Exhibit"E" • }' a . ; ”.14111*, ' ai .+r�ac. ri t sr • Ivy • r • a, .-planned develoomen. ; { y MO MCAMERICA MODERN GREEN DEVELOPM ENT(HO USTON),LIC EXHIBIT "C"—Streetscape Improvements for Parkview Terrace Drive w ,, „ if : , 3 ii r K U) - l w k a S li P2-. W e�e�(((// ¢ v,-,yy 3 ?� w m 7[ a ;R O i w O Li YL�'ONOL� 3l �� `2z 9 9 e Y O W ww 4 a a ggmd i x ?, 56 g 9 , 1IU141aRm i J a C u Sin §qq iii yy' 69 tam 0 ri ii ZlF ii b0 ,§ GLXE milli - ii r:. sii o . S :Qg ki. g3iz§iri ,. ,.., . 0 . T. i 1OH;11 ill Milli 1 ' r i lit e o e ee� e e t © ;oq iewea i.1111MO �� i .,ct 0 4 '1'cr�, , 6 . a *°eo`, p`� oo <>o L z rte0 e ® ° O e .� Ia 9 i d e e e e e le ' e t e e19' -: Iv Sittjlples;' i. e i — Irmo,i. E ! f I = RI e 4 1 0� x EXHIBIT "D"—Streetscape Improvements for Green Ivy Drive Till I. E � w � hill E J r L Pill EE }O S H !i S 3 i �f ? 5z , g g - -w J 0y i iii 3 F. E ; Mini ti h ;tufts Gu ;; iF ea o1 21: . a 3�1 ! !E $ ti of iitI s .1: v iii ee 39:3ig3A.^3 :i7 -:ovee<veee I MD g 0 ® 0 ® c 1 ;tam -1 milli ' 1 gig It ° £i n 9922€281'5 �. 4., .�. �. ice► An A .— ^■—40.• O 8 O :..,� ® e Q X EXHIBIT "E"—Streetscape Improvements for Modern Green Drive 4 NI,i . . „, t e II z ax z. w YLOONOLi _ 1I ww a = a ?Wm0 g g a t a i� ,OS g-, 1P. No J 1 s 1 i ' 3 E 11111" la k i is 02021 z°m Ffa Fa 5g as :g 1-_ `itetetE a G ® 111/$11 = ® ® ® Milli oois3? : 3 3NIlH31VW .11 -`n e� 8 3NI1H31VW si 5 muss; 1 O IF 00 eel I i r 111 1 ,, r_ 100 0 II' J ; ICI Ai W 0 ny 11 Ir I 4 ! a e 1c — w 1 ) I ail ®11 ftg..-! I �' r- -- r. 4 t ,,r, IBC i e to lb IS41 11 o o IAN 4 el O.- ti . 1 le k I4 o u lei pi II- Iii - 010' - .9 I L.° 1 ' / (if/ : 1 0 0® i i A -2 t et gy O, I � , .. V1 IBC -- .• t _ I r 0 0 1 } i / � ►e IBC;.4 ICI, dI 1t ' - 1 ! 1b - Oh l — o all 1 fb ( al I — ill! 00IN - - 0 e — Iii 0 IBC ----- __.� a► e 0 1G — - v . 10 a© 1 __ � � a 1r o .� L _ I 1 el - - - I _ ' eo 421 it.; �� 0 00 0 a 3NI1HOJYW 8 3NI1H31VW V 3NIlH31VW EXHIBIT "F"—Detention Improvements - aus o r-- 1 ANat c CO 1.-. mho i : : u O I I a 1 :, 1: ,-'41. f.'''':, ..:',4 e::!.....4•:3',,'', '• 3,,;,4,-,....":,'..■:7.i. f:?-;'•;','':e„,,i'. .;,,i;;(', :,,,:.,i, ,!I. ■.ii• ,;::..1.•,1.,...k'4.1*-•:',,:i. ... .,,"7z..T -. • ssa • 'w t' • _ ... - , -•.....;-....-. ,:::."..--441;; --' .,•`-f, •... ‘;'''.,.''. '‘11'lli...:1'[,'""--''''.. -;-. $s_s.','"7, ' -' , .,.. ,::145, .,,, •MHO AnIN 33 H�`�^ Q -YST'-_ _ 1 7''1�' I :&.e '_``, 11‘....:: •,z.i.,.1-..$.: •, . • . • ... . ::., I.4 t4r}. o� ea "" ` \' t . ii, f4 ' 2 5 ik ' a. , • W - - �' +a' _n c�• it,#.F• V'r t '"� ti• t- �` ,.-ti. 7 r '`7 <. 4 c •or 'j :7•3 AM 3 . . ^M4- = R- it, 4`\ . r. „if 4c... ' a. 22E11" r �'t l a P' y S � T z C al �r 41 i M � j2[; .4Y ii �. a: k - ti .x, 1 )1 4: - -mss s, ' •y .�1 ..2 { .�.,"-. !J I l ; azoa was "7't.,'_ '* t. I .. r. '"1";.....--�' I -•;s 4. ; - 1 r ...... �• , • `' OA�BSdON$30tlN3WONd :- y f ,[ .. i. .i. Fw, v y,,' ..F -,. * Z >> C .� , lye N ,! ° ' . 't T far• _{ .Z.' .' $1;. ....i,.'V••". ." . ''' . V '.' Y7 i•` { j4• '4 f: •''try: 7n.".Z,;,v jf + 0 jc; ..;r, 4 `A41 .' ', `�\.. :,1. ,.i r 44 ?�`•; + '-Z` J2� ell EXHIBIT"G"—Park Improvements aa .r U K k zd, W GI F C OZ Qi gi .14 s.,�.°gz� - L .f Y .,.e 1 wXW� ��� � W W CI'; '�• , `' 4, o W25aaawawLLb�aoci8S�.'zQivri tE • rat. . �� �ee@e@`E eg©.g,* g 0) � ® � i� J dip . . r.9 0 U f.. v „i �. % Q) si �*t Zer C I '-----; 4 ' t tom' '. ''' P; l s a if '� L: C L rT Ali'. •1.` ' Y i ' LL L_ ,... ....,. .e.:, ..0,,-,--„,..,.....,• ., . .,, co CI ce co ,, - ,, s ,. . .. , . -:-, ',',... .,•-,''',e .... .`"-4%."141it;-:'..':. ''''':..-!'"' ..'..,''..",",'1.::: " ,'l''. V -'-' 0 "..P. ... .*,. 17.; , . . 7:: -p--0.. ot t*I tY ,� ' 1 >, E ./ ,,_ z. 11111,11 ... rk'it\i..41111, CD Ow • .,fi�t//., as L i I i 1 � Z • f,l I O o t •. .{I t i:..:}-- r 1 ,/ w' 4 • 1_!111.15 41.VAI I '' ' ' ,.,,, sin .., ,,,,, ....,„..„, _ ?... .. <,, ._ ... .. 11P1 2 4111111 , • .dl E I ■ �� _.I ' (" •r - 1 I EXHIBIT "H"— Park Improvements Cost Exhbit H CLARK CONDO N 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 Omamental 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 EXHIBIT "I"—Waterline Improvements and Cost O `a H I o i I I W A i W u il t CZ bi z L., s z z r r 1 4� `-E 2 7F.4. A • I y r4 ':"9 1.. . • C E E N m Y • v V 0 ••-• g • a" X W 1 13 C i5 = CO w a "'M . r 0 V t. . i •/ 77 O 1 _ r (rte= ‘...........--*".><.....° r I V i,x IN i. Exhibit I 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 S 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.JT.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 1 250.00 250 9 REMOVE EXIST PLUG AND CONNECT PROP WL EA 1 200.00 200 10 UTILITY SPOILS CY 225 4.00 900 11 CAST IRON FITTINGS TON 1 3,500.00 3,500 SUBTOTAL WATER DISTRIBUTION ITEMS $ 100,400 MISCELLANEOUS ITEMS 1 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 $ 14,400 CLEAR CREEK WATER LINE ESTIMATE SUMMARY SUBTOTAL WATER DISTRIBUTION ITEMS $ 100,400 SUBTOTAL MISCELLANEOUS ITEMS 14,400 TOTAL CONSTRUCTION AMOUNT $ 114,800 CONTINGENCIES(10%) 11,500 ENGINEERING&TESTING(18%) 22,700 TOTAL $ 149,000 "'SCALED APPROXIMATION OF SORE&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 $ 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