R2005-0125 08-08-05 Terminated
Replaced with R 2006-24
RESOLUTION NO. R2005-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AGREEMENT WITH PROVINCE VILLAGE, LLP.
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
Province Village, LLP, 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 Province Village, LLP.
PASSED, APPROVED and ADOPTED this the 8th day of August
A.D., 2005.
°°)834 )
TOM REID
MAYOR
ATTEST:
HiWi
Y� NG �''� , T MC
� SE ETARY
APPROVED AS TO FORM:
64-----
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2005-125
DEVELOPMENT AGREEMENT
(EXHIBIT"A" TO RESOLUTION R2005- 125)
This Agreement is entered into this day of, 2005, by and between the CITY OF
PEARLAND, TEXAS, (hereinafter "City"), and Province Village, LLP (hereinafter
"Developer"). '
WHEREAS, Developer intends to develop 47.65 acres of land as planned unit
development consisting of garden home, town home, office and professional, general
business, and recreational uses to be known as Province Village(hereinafter"Subdivision);
and
WHEREAS, The City's Thoroughfare Plan depicts a minor collector street(hereinafter"the
Collector") connecting Pearland Parkway with Country Club Drive within the boundaries of
the Subdivision; and
WHEREAS, Developer is responsible for constructing or funding a portion of the collector
under provisions of the City's Subdivision Ordinance; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to the construction of the Collector.
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. The Collector will be designed with a fifty-foot right of way width and twenty eight-
foot paving, subject to the following conditions:
a. .A segment at both ends of the Collector will be designed with sixty-foot
right of way and adequate paving width to accommodate two through lanes
and one left turn lane. The length of each widened segment shall be
determined by the City.
b. The Developer will provide appropriate signage and striping to prohibit on-
street parking on the Collector.
c. The Collector will otherwise meet all City standards.
d. No parking will be permitted on either side of the Collector, for its full
length.
2. Developer will design, obtain all required permits, and construct the Collector
including paving, drainage, detention, and related earthwork.
3. Developer will cause its engineer to prepare plans and specifications, in
4. City will reimburse developer for the actual construction, engineering design, and
land costs for that portion of the Collector related to the crossing of the Clear Creek
oxbow channel, estimated to be $374,000 as shown in Exhibit 1. Actua
1
reimbursement shall not exceed the total estimated reimbursement by more than
5% without prior approval of the City Council. Developer shall be responsible for
acquiring the right-of-way contemplated by this provision; however, City agrees to, if
necessary, acquire the right-of-way under the provisions of State law, including the
City's power of eminent domain.
5. Upon approval of the plans and specifications by the City, Developer will obtain
competitive line item bids in accordance with Local Government Code Chapter 252
for the construction of the Collector in accordance with the plans and specifications.
The bid specifications will be prepared in a manner that clearly identifies and
distinguishes those items and quantities for which the City is responsible. The bids
will be reviewed by Developer and the City and a contract will be awarded to the
successful bidder by Developer. Both City and Developer reserve the right to reject
any and all bids for construction.
6. Upon approval of the bids by the Developer, the Developer shall cause the work to
be completed in accordance with the plans and specifications. Developer's
engineer shall monitor the progress and workmanship of the contractor, including
construction administration and materials testing. City shall also provide inspection
to monitor the workmanship of the contractor. Developer shall advance the funds
necessary to pay the contractor for the work performed.
7. City will reimburse Developer for City's share, as described in paragragh 4 above, of
engineering and construction costs, plus simple interest,within two years of the date
of substantial completion of the Collector. Simple interest shall be calculated,
beginning on the date of substantial completion of the Collector, at the same
interest rate as Developer's rate of borrowing funds for the Collector, not to exceed
8% per annum. City may make partial payments at any time.
8. City obligations under this Agreement will be paid from lawfully available funds that
may be currently available in the budget year in which the obligation may be due.
City agrees to use its best efforts to collect such revenues and appropriate such
funds as may be required to finance its obligations.
9. The initial term of this Agreement shall be for a period of three (3) years,
commencing on the day of , 2005, and terminating on the
day of , 2008, at which time, this Agreement may be automaticall
renewed in one (1) year increments contingent upon need and the necessary fund
being appropriated for said project in accordance with the City's annual budgetin
process.
10. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
11. No assignment by a party hereto of any rights under or interests in this Agreemen
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
2
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.
12. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
13. 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.
14. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
15. This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
16. Resolution No. R2005-125 is incorporated herein and made a part of this
Agreement for all purposes.
17. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
18. 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 AL
BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTA
ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREO'
WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF TH-
CONSTRUCTION BY DEVELOPER OF THE IMPROVEMENTS REFERENCE 11
ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE O'
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS. 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 ANCS
HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR
RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANT
PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY
CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER,
THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN
3
CONNECTION WITH SUCH CONSTRUCTION BY DEVELOPER. 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
first above mentioned.
Province Village, LLP
t�`�tuaeesrroej� By:
9EAR�—A111p '',,
-�.
°
A ES�c: _�\- CITY OF PEARLAND,
••'• a Texas municipal corporation
►rrueseeo�o"�.0%
By:
Yo Lorfi , ry Bi I Eisen, City Manager
4
STATE OF TEXAS
BRAZORIA COUNTY '
This instrument was acknowledged before me on this day of
, 2005, by on behalf of
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this L . day of �.
2005, by Bill Eisen, City Manager of the City of Pearland, a Texas home rule unicipality,
on behalf of said municipality.
Notary Public, State of Texas =
.ow 0 PERLA N..LEHMAN
My Commission Expires:
1 �r� � . Notary Public,State of Texan
Li' as �a�a9 t . My Commission Expires
•
APRIL 22,2009 j
5
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this day of
, 2005, by , on behalf of
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this _ day of
2005, by Bill Eisen, City Manager of the City of Pearland, a Texas.home rule municipality,
on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires:
5
•
COSTS FOR"CROSSING"AT PROVINCE VILLAGE DRAFT
OPINION OF PROBABLE COSTS
Job No.1938-0002(8.4)
July 28,2005
•
ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST
1. LAND COSTS FOR CROSSING ACQUISITION AC 2.5 $20,000.00 $50,000.00
2. WETLANDS ASSESTMENT STUDY EA 1 $3,850.00 $3,850.00
3. NW14(CROSSING)PERMITTING EA 1 $12,000.00 $12,000.00 .
4. WETLAND PLANTINGS AC 2.4 $2,000.00 $4,800.00
5. USACOE APPLICATION FEES EA 1 $100.00 $100.00
6. DETENTION POND WET BOTTOM EXCAVATION AND CY 3,090 $5.00 $15,450.00 .
7. SURVEYING(FIELD AND OFFICE) DAY . 2 $2,250.00 $4,500.00
B. 7'X 5'REINFORCED CONCRETE BOXES LF 100 $400.00 $40,000.00
9. HEADWALLS FOR DUAL 7'X 5'BOX CULVERTS EA 2 $15,000.00 $30,000.00
10. GUARDRAILS,PAVEMENT STRIPING AND BUTTONS LS .1 $1,000.00 $1,000.00
11. EXCAVATION AND SPREADING FROM CROSSING CY 500 $4.00 $2,000.00-
12. SELECT FILL CY 500 $8.00 $4,000.00
13. STORM WATER POLLUTION PREVENTION PLAN LS 1 $3,000.00 - $3,000.00
•
14. INSTALL AND MAINTAIN REINFORCED FILTER FABRIC LF 400 $1.50 . - $600.00 •
15. HYDROMULCH AC 1 $1,200.00 • $1,200.00
16. MISCELLANEOUS ITEMS , LS 1 $6,000.00 $6,000.00.
17. 6"REINFORCED CONCRETE PAVEMENT • SY 931 $30.00 $27,930.00
18. 6"REINFORCED CONCRETE CURB LF 598 $4.00 $2,392.00
19. 8"LIME STABILIZED SUBGRADE(MANIPULATION) SY 1,000 $2.00 $2,000.00
20. HYDRATED LIME FOR SUBGRADE PREPARATION TON 26.5 $125.00 $3,312.50
21. SLOPE PAVING SF 15,000 $4.00 $60,000.00
•
• TOTAL $275,000.00
CONTINGENCIES(15%) $41,250.00
ENGINEERING(15%) $47,437.50
SOILS ENGINEERING AND TESTING(3%) $9,487.50
• TOTAL WITH CONTINGENCIES AND ENGINEERING $374,000.00
•
W:WiN011938100021RESlDCOST 072805.xIs1CROSSING
Received Fax : Jul 26 2005 10:01AN1 Fax Station : HP LASERJET FAX . . 4
07/26/2005 11:15 7139535214 PAGE 04/04
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