R2006-048 04-24-06
RESOLUTION NO. R2006-48
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 BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 34.
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
Brazoria County Municipal Utility District No. 34, 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 Brazoria County Municipal Utility District
No. 34.
PASSED, APPROVED and ADOPTED this the 24th day Of~A.D., 2006.
c--v)JnJ! 0
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~~ 17 .. (]L
DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-48
4/24/06
DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R2006-
This Agreement is entered into this211~ day of Apr; { , 2006, by and between
the CITY OF PEARLAND, TEXAS, (the "City") and BRAZORIA COUNTY
MUNICIP AL UTILITY DISTRICT NO. 34, a body politic and corporate and political
subdivision of the State of Texas (the "District").
WHEREAS, c.L. Ashton Woods, L.P. (the "Developer") plans to construct a
residential subdivision known as "Southern Trails," which will be served by the City's
water and sanitary sewer systems; and
WHEREAS, the District was created to construct a water lines, sanitary sewer
lines, and all related appurtenances (the "Facilities") necessary for the City to provide
water and sanitary sewer service to Southern Trails;
WHEREAS, the District will dedicate the Facilities to the City for operation and
maintenance; and
WHEREAS, the City desires to cooperate with the Developer and the District to
provide water and sanitary sewer service to the Southern Trails, and at the same time,
increase and improve the City's capacity to serve other properties in the vicinity of the
Southern Trails; and
WHEREAS, the City and the District desire an agreement to set forth their
respective responsibilities with regard to providing water and sanitary sewer service to
Southern Trails.
W!IN~~~~TH:
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. A twelve-inch sanitary sewer is needed to serve the District's requirements and
is required to be extended to Southern Trails from the existing termination point
of the City sewer system. The sewer system will be extended by the District from
the intersection of Broadway (CR 92) and Kingsley (CR 48) southward along
Kingsley to Southern Trails.
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2.
To serve additional tracts, the City has requested that District construct a thirty-
inch sanitary sewer instead of the twelve-inch sanitary sewer required by the
District.
3.
The estimated cost for the sanitary sewer main extension to serve District's
requirements is $47,979. The estilnated cost for the sanitary sewer main over-
sizing as requested by the City is $106,724. Therefore, the total estimated over-
sizing cost to be reimbursed by the City to the District is $58,745, as described in
Exhibit A, attached hereto and made a part hereof for all purposes. Upon
completion of the project, actual costs will be accounted and reported to the City.
Actual over-sizing reimbursement shall not exceed the total estimated over-
sizing cost shown on Exhibit A by more than 5% without prior approval of the
City.
4.
The District will cause its engineers, reasonably approved by the City, to prepare
plans and specifications for the construction of the sanitary sewer mains desired
by the City.
5.
The bid specifications shall require each bidder to reflect the difference in the
cost of constructing the sanitary sewer main extensions as reflected in the plans
and specifications and the cost which would have been incurred had the sanitary
sewer main extensions been constructed to the size required by the District.
6.
Upon approval of the plans and specifications by the City, the District's
engineers will obtain competitive line item bids in accordance with Chapters 49
and 54 of the Texas Water Code, as amended, for the construction of the sanitary
sewer main in accordance with the plans and specifications. The bids will be
reviewed by the District and the City and a contract will be awarded to the
successful bidder by the District. The City reserves the right to reject any and all
bids for the construction of the sanitary sewer main extensions.
7.
Upon approval of the bids by the City, the District shall cause the work to be
completed in accordance with the plans and specifications. The District's
engineer and the City Engineer or designee shall monitor the progress and
workmanship of the contractor. The Developer shall advance the funds to the
District necessary to pay the contractor for the work performed.
8.
The City will reimburse the District, as defined in Paragraph 3, within 30 days
after acceptance of the improvements by the City and evidence of paid invoices.
9.
The initial term of this Agreement Shrll be for a period of three (3) years"
commencing ~m the ;'{1t, day of Ap(~/ _ ,2006, and terminating on the 23 rrl
day of ADr~ I ' 2009, at which time, this agreement may be automatically
renewed in one (1) year increments contingent upon need and the necessary
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funds being appropriated for said project in accordance with the City's annual
budgeting 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
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.
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. R2006- 'It? is incorporated herein and made a part of this
Development Agreement for all purposes.
17. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
18. THE DISTRICT AND THE DEVELOPER HEREBY RELEASE, ACQUIT, AND
FOREVER DISCHARGE 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 ALL BODILY OR PERSONAL
INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO
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PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS, ADMINISTRA-
TORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE
CONSTRUCTION BY DEVELOPER OF THE IMPROVEMENTS
REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. THE DISTRICT AND THE 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 AND HOWSOEVER
CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED
BY ANYONE BY 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 THE DISTRICT, THE
DEVELOPER, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS
ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY THE
DISTRICT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT.
[SIGNATURE PAGES FOLLOW]
4
In witness whereof, the parties have hereunto set their hands and
signatures on the date first above mentioned.
BRAZORIA COUNTY MUNICIP AL
UTILITY DISTRICT NO. 34
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President, Board of Directors
ATTEST:
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THE ST ATE OF TEXAS 9
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COUNTY OF HARRIS 9
This instrument was acknowledged before me on the G f{'1 day of
_. :;L\\\~t(\V\.;l---J 2006, by '~r.(~'n~ \1"f \~.LlL, as n(,:~L_ and
t :Ju (/' K-i '\ /.,:t X i ;Y\ as ' ;~;.. i r\ tl\i~ I: of the Board of Directors of
Brazoria County Municipal Utility District No. 34, a political subdivision of the
State of Texas, on behalf of said political subdivision;:
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Notary Public, State of Texas
(NOTARY SEAL)
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CITY OF PEARLAND,
a Texas municipal corporation
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Bill Eisen, City Manager
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