R2005-0115 07-11-05
RESOLUTION NO. R2005-115
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 M. P. J. P., LTD.,
GENERAL PARTNER FOR FITE OFFICE PARK, LTD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland and M. P.
J. P., Ltd., General Partner for Fite Office Park, Ltd., 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 an Agreement with M. P. J. P., Ltd., General Partner for
Fite Office Park, Ltd.
~~~
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT. . fH1
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This agreement ("Agreement") is entered into this I '- day of -roti 2005, by and
between the City of Pearland, Texas, (hereinafter "City") and Fite Office Park LLC., a
Texas limited partnership (hereinafter "Developer").
WHEREAS, the City is constructing a new portion of Cullen Boulevard beginning at FM
518 and progressing southward to Fite Rd;
WHEREAS, Developer has requested the construction of an 8" waterline to bring water
to the Developer's commercial property located on Old Chocolate Bayou just North of
Fite Rd. at Developer's expense;
WHEREAS, The City desires to oversize the proposed 8" waterline to a 12" waterline in
order to adequately loop City's existing water system;
WHEREAS, the City has contracted with Freese and Nichols to provide engineering
services associated with Change Order #4;
WHEREAS, the City has contracted with Hassell Construction (Contractor) to construct
the Cullen Boulevard project and will issue Change Order #4 to install the proposed
waterline using unit prices estimated to be approximately $54,160.00 with fmal amount
determined following construction;
WHEREAS, the Developer has agreed to incur all of the expenses related to Change
Order #4 save and except the cost of over sizing, to include all relevant engineering and
construction costs and deposit said amount in an escrow account with the City.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises it is hereby agreed as
follows:
1. The City shall issue Change Order #4 to Hassell Construction requesting the
installation of the 12"waterline.
2. The Developer shall be responsible for all costs incurred pertaining to the
planning, engineering and construction associated with Change Order #4, save
and except the costs of over sizing the proposed waterline from an 8" to a 12"
waterline.
3. Developer agrees to deposit, into an escrow account with the City, the amount of
$15,000 to cover costs of installation of the proposed waterline. Upon completion
of the 12" waterline, Developer shall receive a refund of any remaining escrow
funds.
4. The City shall own, operate and maintain the waterline at the City's sole expense.
5. This agreement may only be modified, amended, or supplemented by written
agreement and signed by City and Developer.
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. Whenever possible, each provision of this agreement shall be interpreted in such
manner as to be effective and valid under applicable law, such provisions 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.
8. This agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
9. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
10. This agreement is solely for the benefit of the City and the Developer and no
other party is intended to be a beneficiary hereo f.
11. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
12. 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 REASONABLE ATTORNEY'S
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
CONSTRUCTION OF THE IMPROVEMENTS REFERENCEDABOVE,
UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUCCESSORS, OR ASSIGNS. DEVELOPER SHALL KEEP AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS AND ASSIGNS FROM ANY AND ALL COSTS, LIABILITY,
DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED,
INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY
ANYONEBY REASON OF INJURY TO OR DEATH OF ANY PERSON OR
PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED
BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER, ITS
AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNS
ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY CITY. THE
PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION,
EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
In witness whereof, the parties have hereunto set their hands and signatures on the date
mentioned above in the first paragraph of this agreement.
CITY OF PEARLAND
A Texas Municipal Corporation
By:
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C ;-Ij M a.r1(:t:J~r
Name:
Title:
Fite Office Park Ltd.
A Texas Limited Partnership
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Title:
Attest:
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By: l?Jtka/ a:m/cU~
Name; /'l~L- .)rl/1-Lt-IL~~r
Title: /t4, ch III {CLrne4--C/Y1
CITY OF PEARLAND
CULLEN BLVD. EXTENSION
B 2004-053
FNI 04-262
Breakdown for a 8" Water Line at CR 89 Tie-in
For Purpose of Line Over-Sizing
EXHIBIT
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1'leM UNI.
NO. ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 8" PVC C 900 Water Line in Open Cut Incl.
Bedding & Backfill Per City Std. Details LF 225 $46.00 $10,350.00
2 8" PVC C 900 Water Line in Uncased Bore LF 55 $65.00 $3,575.00
3 8" PVC C 900 Water Line in 16" PVC
Casing in Open Cut Incl. Bedding & Backfill Per
City Std. Details LF 40 $72.00 $2,880.00
4 8" - 22112 Bend (MJ wI Restraints) EA 1 $530.00 $530.00
5 8" Plug & Clamp (MJ wI Restraint) EA 1 $420.00 $420.00
6 8" T. S. & V. wI Box (MJ wI Rest.) (Stainless Steel EA 1 $3,750.00 $3,750.00
7 Traffic Control at CR 89 LS 1 $600.00 $600.00
8 Mobilization & Final Clean-up & Restoration LS 1 $1 ,500.00 $1,500.00
TOTAL $23,605.00
Exibit "B"
CITY OF PEARLAND
CULLEN BLVD. EXTENSION
B2004-053 . FNI 04-262
Proposed Engineering Costs for Additional 12" waterline
Item Number Item Description Unit Quantity Amount
1 Prepare Plan & Profile IA 2 sheets $3,000
TOTAL $3,000