R99-048 06-14-99RESOLUTION NO. R99-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DEVELOPMENT AGREEMENT WITH AMVEST CORPORATION FOR
OVERSIZE CONSTRUCTION OF A WATER MAIN TO SERVE THE
S UNRISE LAKES SUBDIVISION IN THE VICINITY OF COUNTY ROAD 666
AND FM 518.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 1. That certain Development Agreement, by and between the City of
Pearland and Amvest Corporation, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
S ection 2. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, the attached agreement and counterparts thereof.
PASSED, APPROVED and ADOPTED this the 1 u� 1-11 day of
ne , A.D., 1999. fl
ATTEST:
•
Jtid '
NGLO Imo
SEC':' ARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
P
TOM REID
MAYOR
DEVELOPMENT AGREEMENT
(EXHIBIT "A' TO RESOLUTION NO. R99-48)
This Agreement is entered into this /4"day of , 1999, by and between
the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and Amvest Corporation, a Texas
general partnership (hereinafter "Developer").
WHEREAS, Developer petitioned City for the creation of an In -City Municipal Utility
District (hereinafter "MUD ), and City consented to the creation of the MUD on
hid -k,/ /0 1998, and Developer desires to develop the Sunrise Lakes
Subdivision component of the MUD, generally located near County Road 666 and
FM 518; 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 which requires off -site and on -site
oversizing 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 off -site six-inch and an off -site eight -inch sanitary sewer force mains and on -
site eight -inch and ten -inch water mains are needed to serve Developer's
requirements for the MUD and are required to be extended to and within the MUD
from the existing termination points of the utilities in the vicinity of the intersection
of FM 518 and Old Chocolate Bayou Road.
2. To serve additional tracts, the City has requested that Developer construct
eight -inch and ten -inch sanitary sewer force mains and ten -inch and twelve -inch
water mains.
1
3. The estimated costs for the water and sanitary sewer main extensions to serve
Developer's requirements are $115,199. The estimated costs for the water and
sanitary sewer main extensions as requested by the City are $152,778 and the
contingency for the oversizing is $1,879. The total estimated oversizing cost to
be reimbursed by City to Developer is $39,458 as described in Exhibit A. Upon
completion of the project, actual costs will be accounted and reported to the City.
Actual oversizing reimbursement 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.
6. Upon approval of the plans and specifications by the City, Developer's engineers
will obtain competitive line item bids for the construction of the water and sanitary
sewer main extensions in accordance with the plans and specifications. The bids
will be reviewed by Developer 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.
Upon approval of the bids by the City, 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 initial term of this Agreement shall be for a period of one (1) year,
commencing on the MI' day of ji/na- 1999, and terminating on the
/3/4 day of J ire 2000, 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.
10. This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
2
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
u nless specifically stated to the contrary in any written consent to an assignment
n o 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. R99-48 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. 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
S USTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS ADMINISTRATORS,
S UCCESSORS, 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,
3
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 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.
ATTEST:
ung Lo
ijitY Secr
AMVEST CORPORATION
a Texas general partnership
By: �Y
Printed Name:
Title: V Lica
CITY OF PEARLAND,
a Texas municipal corporation
4
Glen Erwin
City Manager
•
STATE OF TEXAS
COUNTY OF PWQ2O'r1 a
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen Q Irwin n , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 23r . DAY OF
:raw ,A.D., 19gq .
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: y,jenia 60(za..
My Commission Expires: g ji-dooa._
STATE OF TEXAS
COUNTY OF 4AeRis
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Kew CArFc y V� P , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
AP
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1 i DAY OF
APP." , AD., 39 2oco
iVf se•
Pit Iti
e'n.M.ry..-t1•��
KELLY D. REANS
MY COMMISSION EXPIRES
January 16, 2002
titot-i441
NO ARY BLIC IN AND/FOR THE
STATE OF' ERAS
Printed Name:c ),erAti
My Commission Expires: 01
5