R2018-125 2018-07-09 RESOLUTION NO. R2018-125
A Resolution of the City Council of the City of Pearland, Texas, approving an
amendment to the Reimbursement Agreement between the City and the
Pearland Economic Development Corporation (PEDC), in the additional
amount of $300,000.00 (total of $750,000.00) for design and construction
services associated with the SH 288 Northbound Frontage Road(County Road
59 to FM 518).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City and the PEDC previously entered into a Reimbursement
Agreement in the amount of$450,000.00, and the PEDC, at its June 28th, 2018 meeting, approved
an amendment to the Reimbursement Agreement that will allow the PEDC to fund an additional
$300,000.00 of the SH 288 Northbound Frontage Road.
Section 2. That certain Amended Reimbursement Agreement by and between the City
of Pearland and the PEDC, a copy of which is attached hereto as Exhibit"A"and made a part hereof
for all purposes, are hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Amended Reimbursement Agreement between the City and the
Pearland Economic Development Corporation for design and construction services associated with
the SH 288 Northbound Frontage Road.
PASSED, APPROVED and ADOPTED this the 9th da. of Jul , A.D., 018.
TOM REID
MAYOR
ATTEST:
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FTY SE ErTARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. 2018-125
Exhibit "A"
AMENDMENT TO
REIMBURSEMENT AGREEMENT
SH 288 NORTHBOUND FRONTAGE ROAD
FROM CR 59 TO FM 518
This Amendment (hereinafter "Amendment') is made between the City of
Pearland, Texas (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter, "PEDC") to amend the Reimbursement Agreement (the
"Agreement") between the City and PEDC effective April gth, 2018.
1. Amended Terms. The City and PEDC hereby agree that Section 1 of the
Agreement, attached hereto as Exhibit"A", is amended as follows:
1. PEDC shall fund an amount not to exceed 8750,000 to construct the project,
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 $750,000.
2, Agreement to Remain in Force. Other than the provisions of the Agreement
expressly amended herein, the Agreement shall remain in fu`JI force and its enforceability
shalt be unaffected by this Amendment, /�.�.,
EXECUTED and EFFECTIVE as of the 61 day of il_r____, 2018.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION -
a Texas bn-profit c r ation
B aL1 �
y
Brandon Dandy
Chairman
CITY OF PEARLAND,TEXAS
a Texas rn icipal s • ,;ation
By:
A-
CIa ''-arson
City Manage
ATTEST:
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y Secretary /"
: Resolution No. R2018-57
Exhibit "B"
REIMBURSEMENT AGREEMENT
SH 288 NORTHBOUND FRONTAGE ROAD
FROM CR 59 TO FM 518
y�This Agreement is entered into this c' �day of Ro�n' , 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 support high-impact mobility projects, including the
construction of a SH 288 northbound frontage road from CR 59 to FM 518 (Broadway);
and
WHEREAS, the City plans to construct mobility improvements along SH 288 within the
City of Pearland including the SH 288 northbound frontage road from CR 59 to FM 518
(hereinafter, "Project"); 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, the Project will improve traffic safety and promote new or expanded business
enterprises, and the PEDC desires to fund a portion of the expenses associated with the
design and construction of the Project; and
WHEREAS, PEDC approved funding a portion of the expenses associated with the
design and construction of the Project at its March 22, 2018, Board of Directors'
meeting; and
" WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to 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:
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1. City shall contract for design, engineering, and other professional services
("Services")to construct the Project and possibly enter into an interlocal agreement
with Brazoria County as depicted on Exhibit"A". PEDC shall fund an amount equal
to the actual cost of the Services in an amount not to exceed $450,000, 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 Services.
2. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the day of ,.2018, and may be renewed as •
needed until the Improvements are substantially complete.
3. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
4. No assignment by a party'hereto of any rights under or interests in this agreement
will be blinding 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.
5. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
6. 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.
7. This Agreement shall be construed and enforced in accordance with and governed
'by the laws of the State of Texas.
8. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
9. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
10. 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
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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
3519 Liberty Drive, Suite 300 .
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.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non--profit corporation
' 'IA) ()-vAA/ ' '
By:
Brandon Dansby
Chair
CITY OF PEARLAND,
a Texas m icipal co oration
7 By:
CI. earso r
City ManaI-r
ATTEST:
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C ty Se tary
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Exhibit A
•
SH 288 Northbound Frontage Road
Improvements Cost Estimate
Expenditure —. City - PEDC County Total
Design (City/PEDC) 450,000 450,000 - 900,000
• Land 610,000 _ - - 610,000
Construction Est. 2,750,000 - 2,750,000 5,500,000
Contingency* 145,000 - 145,000 290,000
Total 3,955,000 450,000 1 2,895,000 7,300,000
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