R2018-004 2018-01-08RESOLUTION NO. R2018-4
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation
associated with the acquisition of property for public purposes to serve the
Lower Kirby Vicinity.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement and Maintenance Agreement by and between
the City of Pearland and the Pearland Economic Development Corporation. a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, are hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Reimbursement Agreement.
PASSED. APPROVED and ADOPTED this the 8:'' day of January, A.D., 2018.
ATTEST:
Xt
UNG A R 1
C Y SE RETAF Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
G
TOM REID
MAYOR
Resolution No. R2018-4
Exhibit "A"
REIMBURSEMENT AGREEMENT
This Agreement is entered into this `h day of 7"a , 2018, 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 PEDC have approved the Pearland 20/20 Community Strategic
Plan which includes a strategy to develop a multi -use event center, and a strategy to
develop the Lower Kirby Urban Center as an intensive mixed-use employment,
residential, and entertainment district by implementing the Lower Kirby Urban Center
Master Plan and Implementation Strategy (Master Plan); and
WHEREAS, the Master Plan creates a unified approach for land uses in the District and
identifies the need to address drainage issues and incorporate public parks and open
spaces in the District; and
WHEREAS, the City and PEDC desire to make improvements that may include public
community facilities, utilities, drainage, and/or parks on a site located between the TxDOT
ditch and future Promenade Shops Drive and future North Spectrum Boulevard and the
east detention ponds, as shown in "Exhibit A" attached hereto, in accordance with the
Plan (hereinafter "Improvements"); and
WHEREAS, the City and PEDC desire to acquire the fee simple title property interest in
the properties in order to make the Improvements (hereinafter "Acquisition"); 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 also defines the term "project" to include
"...land, buildings, equipment, facilities, and improvements found by the board of directors
to be required or suitable for use for professional and amateur sports, including children's
sports, athletic, entertainment, tourist, convention, and public park purposes and events,
including stadiums, ball parks, auditoriums, amphitheaters, concert halls, parks and park
facilities, open space improvements, museums, exhibition facilities, and related store,
restaurant, concession, and automobile parking facilities, related to area transportation
facilities, and related roads, streets. and water and sewer facilities, and other related
improvements that enhance any of the items..."; and
WHEREAS, the PEDC desires to fund the Acquisitions and related expenses associated
with acquiring the property; and
WHEREAS, PEDC conducted a public hearing at its December 8, 2016 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. PEDC shall contract for abstracting, surveying and other professional services to
provide documentation necessary to acquire the fee interest in the Acquisitions as
more accurately described in Exhibit "B" attached hereto.
2. The City will acquire the parcels needed for the Improvements and PEDC shall
fund an amount equal to the actual cost of the Acquisitions, 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.
3. The City will develop improvements on the property with public projects
permissible by the Texas Local Government Code for Type B economic
development corporations.
4. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the to day of , 2018, 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.
6. 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.
7. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
8. 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.
9. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
10. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
11. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
12. AH 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
Pearland. TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
ATTEST:
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporion
By:
Rushi Patel
Chair
CITY OF PEARLAND,
a Texas mu ipal corporation
By:
Clay'' earson
City Manage
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EXHIBIT A
Site Location Map
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Exhibit A
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineenng, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
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