R99-067 09-13-99RESOLUTION NO. R99-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A DEVELOPMENT AGREEMENT WITH RAVENWOOD
S ECTION TWO, LTD., A TEXAS LIMITED PARTNERSHIP, FOR
CONSTRUCTION OF A WATER MAIN, SANITARY SEWER MAIN, AND
N ECESSARY APPURTENANCES ASSOCIATED WITH RAVENWOOD
S ECTION TWO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Development Agreement by and between the City of
Pearland and Ravenwood Section Two, Ltd., a Texas limited partnership, 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 the original of the attached agreement for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the \ 3\-h day of '\-CM`f:
A.D., 1999.
TOM REID
MAYOR
ATTEST:
FUNG •W
Y SE TARY
APPROVED AS TO FORM:
•
•
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R` 9-b7)
This Agreement is entered into this 4sa day of 5a 10 " gel-, , 1999, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and RAVENWOOD
SECTION TWO, LTD , a Texas limited partnership (hereinafter 'Developer").
WHEREAS, the City has consented to creation of In -City Municipal Utility District #
18 (hereinafter ' MUD") a portion of which is encompasses the Ravenwood Estates
Section Two residential development; and
WHEREAS, Developer plans to construct a water main, sanitary sewer main, and
appurtenances necessary for the City to provide water and sanitary sewer service to
the MUD and to dedicate said water main, sanitary sewer main, and appurtenances
to the City for operation and maintenance; and
WHEREAS, City desires to cooperate with Developer to provide water and sanitary
sewer service to the MUD, and at the same time, increase and improve City's
capacity to serve other properties in the vicinity of the MUD; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing water and sanitary sewer service to the MUD.
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. An 8-inch sanitary sewer gravity main (2355 feet on Ravenwood Drive and
Quail Run Court) and an 8-inch water main (1490 feet on Ravenwood Drive
and Quail Run Court) are needed to serve Developer's requirements for the
MUD.
2. To serve additional tracts, the City has requested that Developer construct a
12-inch sanitary sewer gravity main and a 12-inch water main.
3. The estimated costs for the water and sanitary sewer main oversizing are
$12,306 and $9,899, respectively. The total estimated oversizing cost to be
1
reimbursed by City to Developer is $22,205 as described in Exhibit A. Upon
completion of the project, actual costs will be accounted and reported to the
City Oversizing reimbursement will be based on actual costs and shall not
e xceed the total estimated oversizing cost by more than 5% without prior
approval of the City.
4. Developer will cause its engineers, reasonably approved by the City, to prepare
plans and specifications for the construction of the water and 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 water and sanitary sewer main extensions as reflected
in the plans and specifications and the cost which would have been incurred
had the water and sanitary sewer main extensions been constructed to the size
required by Developer.
6. Upon approval of the plans and specifications by the City, Developer's
e ngineers will obtain competitive line item bids, in accordance with Local
Government Code Section 252.021, for the construction of the water and
sanitary sewer main extensions in accordance with the plans and
specifications. The bids will be reviewed by Devloper and the City and a
contract will be awarded to the successful bidder by Developer. City reserves
the right to reject any and all bids for the construction of the water and
sanitary sewer main extensions.
7. Upon approval of the bids by the City Council, Developer shall cause the work
to be completed in accordance with the plans and specifications. Developer's
e ngineer and the City Engineer or designee shall monitor the progress and
workmanship of the contractor. Developer shall advance the funds necessary
to pay the contractor for the work performed.
8. The City will reimburse Developer, as defined in Paragraph 3, within 30 days
after acceptance of the improvements by the City and evidence of paid
invoices.
The parties recognize that the City's sewer trunk main on Harkey Road may
n ot be completed prior to the completion of the Ravenwood Section Two sewer
improvements. In that event, upon completion of the first customer connection
to the sewer main, City agrees to contract for and initially fund a service to
periodically collect, transport and properly dispose of the waste deposited into
the sewer main until the Harkey Road Trunk main becomes operational.
2
Developer agrees to reimburse City for all expenses incurred by City prior to
September 30 of each year in which such service is performed, provided that
the final reimbursement will be made no later than 30 days after the completion
of the Harkey Road trunk main. The City will use its best efforts to complete
the Harkey Road trunk main by December 31, 2000.
10. The initial term of this Agreement shall be for a period of three (3) years,
commencing on the I(I day of Strom,lomo , 1999, and terminating on the
day of Sep% , , 2002, at which time, this agreement may be
automatically renewed in one (1) year increments contingent upon need and
the necessary funds being appropriated for said project in accordance with the
City's annual budgeting process.
11. This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
12. 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.
13. Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
14. 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.
15. This agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
16. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
3
17. Resolution No. R - is incorporated herein and made a part of this
Development Agreement for all purposes.
18. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
19. 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 PROPERTY AND THE CONSEQUENCES THEREOF
WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS,
ADMINISTRATORS, 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 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 DESTRUC-
TION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE
OF DEVELOPER, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS ARISING IN 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.
RAVENWOOD SECTION TWO, LTD.
a Texas limited partnership
Renee West, Managing General Partner
4
ATTEST:
By _✓J/.
Yo • Lorfi tt Start
STATE OF TEXAS
BRAZORIA COUNTY
CITY OF PEARLAND,
a Texas municipal corporation
4
Glen Erwin, City Manager
This instrument was acknowledged before me on this / day of
1999, by Renee West, Managing General Partner, on behalf of RAVEN 40D
SECTION TWO, LTD.,a Texas limited partnership.
otary Pu
ic, State of Texas
My Co mission Expires:
STATE OF EXAS §
BRAZORIA COUNTY
fh
This instrument was acknowledged before me on this /5 day of Sepfernbeiv
1999, by Glen Erwin, City Manager of the City of Pearland, a Texas home rule
municipality, on behalf of said municipality.
1'4-e&aa-
NotaryblicState of Texas
My Commission Expires:
, ,ici 1Q W03
5
MELISSA HARRIS
Notary Public, State of Texas
My Commission Expires
July 19, 2003
COPY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R99-6.1)
This Agreement is entered into this day of , 1999, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and RAVENWOOD
SECTION TWO, LTD , a Texas limited partnership (hereinafter "Developer") .
WHEREAS, the City has consented to creation of In -City Municipal Utility District #
18 (hereinafter "MUD") a portion of which is encompasses the Ravenwood Estates
Section Two residential development; and
WHEREAS, Developer plans to construct a water main, sanitary sewer main, and
appurtenances necessary for the City to provide water and sanitary sewer service to
the MUD and to dedicate said water main, sanitary sewer main, and appurtenances
to the City for operation and maintenance; and
WHEREAS, City desires to cooperate with Developer to provide water and sanitary
sewer service to the MUD, and at the same time, increase and improve City's
capacity to serve other properties in the vicinity of the MUD; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing water and sanitary sewer service to the MUD.
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. An 8-inch sanitary sewer gravity main (2355 feet on Ravenwood Drive and
Quail Run Court) and an 8-inch water main (1490 feet on Ravenwood Drive
and Quail Run Court) are needed to serve Developer's requirements for the
MUD.
2. To serve additional tracts, the City has requested that Developer construct a
12-inch sanitary sewer gravity main and a 12-inch water main.
3. The estimated costs for the water and sanitary sewer main oversizing are
$12,306 and $9,899, respectively. The total estimated oversizing cost to be
1
reimbursed by City to Developer is $22,205 as described in Exhibit A. Upon
completion of the project, actual costs will be accounted and reported to the
City Oversizing reimbursement will be based on actual costs and shall not
exceed the total estimated oversizing cost by more than 5% without prior
approval of the City.
4. Developer will cause its engineers, reasonably approved by the City, to prepare
plans and specifications for the construction of the water and 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 water and sanitary sewer main extensions as reflected
in the plans and specifications and the cost which would have been incurred
had the water and sanitary sewer main extensions been constructed to the size
required by Developer.
Upon approval of the plans and specifications by the City, Developer's
engineers will obtain competitive line item bids, in accordance with Local
Government Code Section 252.021, for the construction of the water and
sanitary sewer main extensions in accordance with the plans and
specifications. The bids will be reviewed by Devloper and the City and a
contract will be awarded to the successful bidder by Developer. City reserves
the right to reject any and all. bids for the construction of the water and
sanitary sewer main extensions.
7. Upon approval of the bids by the City Council, Developer shall cause the work
to be completed in accordance with the plans and specifications Developer's
engineer and the City Engineer or designee shall monitor the progress and
workmanship of the contractor. Developer shall advance the funds necessary
to pay the contractor for the work performed.
8. The City will reimburse Developer, as defined in Paragraph 3, within 30 days
after acceptance of the improvements by the City and evidence of paid
invoices.
9. The parties recognize that the City's sewer trunk main on Harkey Road may
not be completed prior to the completion of the Ravenwood Section Two sewer
improvements In that event, upon completion of the first customer connection
to the sewer main, City agrees to contract for and initially fund a service to
periodically collect, transport and properly dispose of the waste deposited into
the sewer main until the Harkey Road Trunk main becomes operational.
2
Developer agrees to reimburse City for all expenses incurred by City prior to
September 30 of each year in which such service is performed, provided that
the final reimbursement will be made no later than 30 days after the completion
of the Harkey Road trunk main. The City will use its best efforts to complete
the Harkey Road trunk main by December 31, 2000.
10. The initial term of this Agreement shall be for a period of three (3) years,
commencing on the day of 1999, and terminating on the
day of 2002, at which time, this agreement may be
automatically renewed in one (1) year increments contingent upon need and
the necessary funds being appropriated for said project in accordance with the
City's annual budgeting process.
11. This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
12. 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.
13. Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
14. 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.
15. This agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
16. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
3
17. Resolution No. R - is incorporated herein and made a part of this
Development Agreement for all purposes.
18. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
19. 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 PROPERTY AND THE CONSEQUENCES THEREOF
WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS,
ADMINISTRATORS, 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 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 DESTRUC-
TION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE
OF DEVELOPER, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS ARISING IN 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.
RAVENWOOD SECTION TWO, LTD.
a Texas limited partnership
Renee West, Managing General Partner
4
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
By: . �L✓/�/� !� '��o/kJ
Yo g Lorfin %�-it e`�•ta y Glen Erwin, City Manager
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this day of
1999, by Renee West, Managing General Partner, on behalf of RAVENWOOD
SECTION TWO, LTD.,a Texas limited partnership.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS §
BRAZORIA COUNTY
This instrument was acknowledged before me on this day of
1999, by Glen Erwin 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