R2017-149 2017-09-25RESOLUTION NO. R2017-149
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
Gehan Homes, LTD, for the construction of off-site public improvements
associated with the Creek Bend Development (generally located along
Magnolia Boulevard between Veterans and McClean Roads).
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 25th day of September, A.D., 2017.
ATTEST:
NG LG, T
,tTY SE R'ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
`
` 1 111/14
Resolution No. R2017-149
Exhibit "A"
DEVELOPMENT AGREEMENT
This Agreement is entered into this 25th day of September, 2017, by and between the CITY
OF PEARLAND, TEXAS, (hereinafter "City"), and GEHAN HOMES, LTD., a Texas limited
partnership, (hereinafter "Developer").
WHEREAS, Developer is constructing a R-2 zoned property, consisting of approximately
89 homes to be known as the Creek Bend subdivision (hereinafter "Development"); and
WHEREAS, the Development is uniquely situated in that it is divided by a drainage
easement owned by the Brazoria Drainage District # 4 and the northern boundary of both
the eastern and western sides of the Development divided by the drainage easement abut
City property; and
WHEREAS, the Development will require Developerto pay the City $65,415.00 for
parkland dedication fees;
WHEREAS, the Development will require Developer to pay the City $366,800.00 for tree
mitigation fees, less a credit of $70,000 for existing trees in poor health;
WHEREAS, Developer desires to connect the two sides of the Development that are
divided by the City's drainage easement with a pedestrian bridge; and
WHEREAS, the City desires to enhance its trail system; and
WHEREAS, the City owns property north of both sections of the Development; and
WHEREAS, the City property north of the western side of the Development includes
wetlands; and
WHEREAS, both the City and Developer desire to enhance their respective properties and
provide improvements; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing Improvements more accurately shown in Exhibit "A"
attached hereto and hereinafter referred to as the Improvements.
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. Developer shall install the Improvements in accordance with Exhibit "A" attached
hereto, which shall include the following:
a. a six (6) foot wide pedestrian bridge, approximately 75 feet in length, that
shallspan the entire width of the City's drainage easement connecting the
Traildescribed herein; and
b. a six foot wide concrete trail ("Trail") on the western side of the City's
drainage easement with one connection to the Creek Bend subdivision..
2. In consideration of the forgoing, Developer shall not be required to pay Parkland
Dedication fees and Developer's Tree Mitigation fee shall be reduced to the amount
of $258,935.00 ("Developer Fee") which shall be paid to City prior to Final
Subdivision Plat approval for any portion of the Development. The City shall
separately provide the required authorization for Developer and his contractors to
enter City property for the construction of the Improvements.
3. In accordance with Section 3.1.8.2 of the City's Unified Development Code, the
Improvements shall be completed prior to Final Subdivision Plat approval of any
portion of the Development; however, the parties recognize and agree that
Developer may obtain a Subdivision Improvement Agreement and provide adequate
security, as authorized by Sections 3.1.8.3 and 3.1.8.4 of the City's Unified
Development Code, to obtain a Final Plat prior to Improvements being made.
4. Upon approval of the plans and specifications by the City, Developer's engineers
will obtain competitive line item bids in accordance with Local Government Code
Chapter 252 for the construction of the Improvements in accordance with the plans
and specifications. Developer and the City will review the bids and Developer will
award a contract to the successful bidder. City reserves the right to reject any and
all bids for the construction of the City Improvements within ten (10) days following
submission to the City for review, following the expiration of which the bids selected
by Developer shall be deemed approved by the City.
5. Following approval of the bids by the City, Developer shall cause construction of the
Improvements to commence on or before the 31S1 day of March, 2018, and shall
cause the Improvements to be completed in accordance with the plans and
specifications by the 15th day of December, 2018. If Developer shall fail to cause
construction to commence by the aforementioned date, and following thirty (30)
days' written notice to Developer, the City shall have the right to terminate this
Agreement. Developer's engineer and the City Engineer or his designee shall
monitor the progress and workmanship of the contractor. Developer shall advance
the funds necessary to pay the contractor for the work performed. Developer shall
cause the City to be named as an additional obligee under any performance bond
obtained by Developer to secure the construction of the Improvements.
6. The initial term of this Agreement shall be for a period of sixteen (16) months,
commencing on the 25"' day of September, 2017, and terminating on the 31st day
of December, 2018, provided, however, that this Agreement shall be automatically
renewed in one (1) month increments until all of the obligations of the parties
hereunder have been fully discharged or specifically waived in writing by the
beneficiary thereof.
7. 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 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. DEVELOPER HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF
ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING
ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL
ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF
WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE
NEGLIGENT DESIGN BY DEVELOPER OF THE IMPROVEMENTS
REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS SECTION SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
3
AGREEMENT.
14. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL
COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY
PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY
CAUSED BY OR RESULTING FROM THE NEGLIGENT DESIGN BY
DEVELOPER, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS OF
THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE
OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS
SECTION SHALL EXPIRE CONCURRENTLY WITH THE TWO (2) YEAR
MAINTENANCE AND WARRANTY PERIOD SET FORTH IN SECTION 3.1.8.6(b)
OF THE UDC.
15. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
16. 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 Developer:
City of Pearland
Attn: Clay Pearson
3519 Liberty Drive
Pearland, TX 77581
Gehan Homes, Ltd.
Attn: Chris Lynch
3815 S. Capital of Texas Hwy., Ste. 275
Austin, TX 78704
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
4
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
ATTEST:
ung rfing
ity S retary
o
=0%
Gehan Homes, Ltd.,
a Texas limited partnership,
By: Gehan Hom�i, Inc., a Texas corporation,
it's General, Partner
By:
John Winniford,
resident and CEO
CITY OF PEARLAND,
a Texas municip. corporation
By:
Clay Pe. rs
City Mana
5
n,
er
STATE OF TEXAS
DALLAS COUNTY
This instrument was acknowledged before me on this 1 `� day
of DQ,CQXY\1)e,(2— , 2017, by John Winniford, President / CEO of Gehan Homes I,
Inc., a Texas corporation, the General Partner of Gehan Homes, Ltd., a Texas limited
partnership, on behalf of such partnership.
Notary Public
My Commission Expires: 14-13
STATE OF TEXAS
BRAZORIA COUNTY
§
MELANIE HRONEK
Notary Public State of Texas
My Comm. Exp. 4-13-2021
Notary ID 12930986-2
This instrument was acknowledged before me on this f day
of +✓X ad , 2018, by Clay Pearson, City Manager of the City of Pearland, a
Texas home ruld municipality, on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires: N. aO02-/
2,°'-w2}tr
6
s••� A. BOWERY[ -REBECCA NOTARY PUBLIC
STATE OF TEXAS
'�ra.d* Notary ID t 1133751-9
Expires. 01-31-2021
ri SEC Planning, LLC
EXHIBIT A
CREEK BEND PUBLIC PARK SITE IMPROVEMENTS
Land PLIn g • I.,ndv.gr ArclwntCf„e • Cnmmnnity Rr.,ndinx
AUSTIN Tr TM
GEHAN HOMES
PEARLAND, TEXAS
0 Scale: 1" = 100'
North Date: September 13, 2017
SHEET ALE: n,,,OG,SC4N.NC.En.LLwu.ee,. CBCdseSIrEAEV dant/
Base mapping complied from best avenges MO: moiety.
N map data should be considered es preliminary. In
reed of venrco0on. and subject to dense. The tend
plan a conceptual In name and does not represent any
repd0ODry approvd. Plan Is subject W change.
GolanHOMES
September 20, 2017
Clarence Sirmons
Development Coordinator
Community Development
City of Pearland
3523 Liberty Dr.
Pearland, TX 77581
RE: Creek Bend Agreement
Dear Clarence:
Gehan Homes is in agreement with the terms of the proposed agreement for the Creek Bend
subdivision. We are eager to begin construction of the project including the items detailed within the
agreement. We look forward to a positive vote by City Council so that we can proceed.
Please contact me if you need additional assistance.
Sincerely,
Chris Lynch
Vice President of Land Operations
Gehan Homes
Designed for Your Ltfc.
15725 N. Dallas Parkway, Suite 300 ge, Addison, Texas 75001 p. 972.383.4300 '-, r. 972.383.4399
gehanhoines.com