R2018-011 2018-04-11RESOLUTION NO. R2018-11
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
Meritage Homes Co., for the satisfaction of parkland dedication and trail
construction associated with the Riverstone Ranch Development (generally
located along Clear Creek between Hughes Road and the Green Tee
development).
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 9th day of April, A.D., 2018.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
Resolution No. R2018-11
Exhibit "A"
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R2018-11)
This Second Amendment o Development Agreement (this "Amendment") is entered into
this 9'� day of , 2018, by and between the CITY OF
PEARLAND, TEXAS, (her inafter "City"), and MERITAGE HOMES OF TEXAS, LLC,
(hereinafter "Developer").
WHEREAS, City entered into a Development Agreement with SHS Partners, Ltd. (herein
"SHS Partners") on March 27, 2006, R-2006-43 (the "Original Development Agreement");
and
WHEREAS, City of Pearland Planning and Zoning Commission approved a Cluster Plan
for Riverstone Ranch (the "Original Cluster Plan") with conditions on December 4, 2006
and those conditions were satisfied on April 13, 2007; and
WHEREAS, City and SHS Partners entered into an Amendment to Development
Agreement on August 27, 2012, R-2012-129 (the "First Amendment") (the Original
Development Agreement and First Amendment are collectively referred to herein as the
"Development Agreement"); and
WHEREAS, SHS Partners assigned its rights and duties under the Development
Agreement to Developer by assignment instrument dated September 9, 2013; and
WHEREAS, the Development Agreement entered into by the City and SHS Partners
which was subsequently assigned to Developer requires Developer to acquire property
within the Clear Creek Greenbelt to be dedicated to the City for public park purposes; and
WHEREAS, City of Pearland Planning and Zoning Commission, approved an Amended
Cluster Plan for Riverstone Ranch at Clear Creek on August 18, 2014 (the "Amended
Cluster Plan"), which replaced and superseded the Original Cluster Plan; and
WHEREAS, the Amended Cluster Plan for Riverstone Ranch at Clear Creek approved by
City of Pearland Planning and Zoning Commission requires Developer to provide, in
addition to pocket parks, linear trails, and certain parkland fees in lieu of parkland
dedication, (i) a 13.5 acre parcel of land for parkland and (ii) a ten foot (10') wide trail
along Clear Creek; and
WHEREAS, City is constructing the Green Tee Terrace Trail, authorized by Resolution
R2015-150, as depicted in Exhibit A attached hereto and in accordance with the Trails
Master Plan adopted by the City on August 13, 2007, R-2007-127 and the Master Parks
Plan adopted by the City on November 23, 2015, R2015-217, and in accordance with the
City's Five Year Capital Improvement Program (CIP) 2018-2022, R-2017-188; and
010287.000010\4842-0049-7242.0
WHEREAS, the City and Developer wish to amend the Developer's obligations for
parkland dedication and park fees in lieu of dedication described in the Development
Agreement and the Amended Cluster Plan, as described herein; and
WHEREAS, both City and Developer find that it is advantageous to have the Green Tee
Terrace Trail (the "Trail"), including the portion within the Amended Cluster Plan for
Riverstone Ranch at Clear Creek ("Riverstone Ranch Trail"), be designed and
constructed by one contractor; and
WHEREAS, City and Developer desire an agreement to set forth their respective
obligations and responsibilities and further amend the Development Agreement.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the sufficiency of which is hereby acknowledged, it is hereby
agreed as follows:
1) Payment - Within 30 days of this Second Amendment To Development Agreement
being approved by the City, Developer shall pay to the City a total of $535,315.00, of
which $334,500.00 is in satisfaction of the Parkland Dedication Fee for Riverstone
Ranch at Clear Creek Sections 4 thru 8, as calculated in paragraph 2 below, and
$200,815.00 of which is for the construction of the Riverstone Ranch Trail, as
described in paragraph 3 below.
2) Parkland Dedication
a) In lieu of the parkland dedication required pursuant to the Original Development
Agreement, Developer shall pay a Parkland Dedication Fee in the amount of
$334,500.00, which amount is calculated by multiplying the total number of Tots in
each approved Final Plat for Riverstone Ranch at Clear Creek Sections 4 - 8 (446
lots), by the Parkland Dedication Fee at the time the Final Plat was approved
($750.00 per lot).
b) The City shall support a request by the Developer to amend the Amended Cluster
Plan for Riverstone Ranch at Clear Creek to remove the requirement to dedicate
to the City a 13.5 acre public park.
c) Parkland Dedication for any section of the Amended Cluster Plan that has not yet
been platted shall pay the Parkland Dedication Fee that is existing at the time it is
platted in accordance with the City's Unified Development Code.
3) Trail
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a) The Developer shall dedicate to the City a thirty foot (30') wide easement for a 10
foot (10') wide trail, at the location shown generally on Exhibit A attached hereto,
and shall pay to the City $200,815.00 in satisfaction of Developer's obligation
towards the design and construction of the Trail required to be built pursuant to the
Amended Cluster Plan for Riverstone Ranch at Clear Creek that overlaps with the
City's Green Tree Terrace Trail project.
b) The City shall design and construct the Trail and shall use all reasonable efforts to
complete the Trail by March 31, 2019.
c) Upon completion of the Trail, the Riverstone Ranch Trail shall be maintained by
the property owners association that maintains the other amenities within the
Amended Cluster Plan for Riverstone Ranch at Clear Creek.
4) This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
5) No assignment by a party hereto of any rights under or interests in this Amendment
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 Amendment.
6) Whenever possible, each provision of this Amendment shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this
Amendment 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 Amendment.
7) This Amendment shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
8) To accomplish execution of this Amendment, it may be executed in multiple
counterparts.
9) The Parties agree that any suit arising out of or related to this Amendment shall be
filed in Brazoria County, Texas.
10)AII notices which are required or may be given pursuant to this Amendment 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:
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If to City:
If to Developer:
City of Pearland
Attn: Clay Pearson
3519 Liberty Drive
Pearland, TX 77581
Meritage Homes of Texas, LLC
3250 Briarpark, Suite 100
Houston, Texas 77042
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.
010287.000010\4842-0049-7242.v5
Meritage Homes of Texas, LLC,
an Arizona limited liability company
By: (-•
/
Name: David Jordan
Sr. Vice President of Lenri
Its:
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ATTEST:
010287.000010\4842-0049-7242.v5
CITY OF PE ' LAND,
a Texas ' nip • corporation
/ll�.-tib
By:
C;ir'ear-.n,
ity Man . ger
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