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R2002-0154 09-23-02RESOLUTION NO. R2002-154 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 R H OF TEXAS, LIMITED PARTNERSHIP FOR THE EXTENSION OF SCHLEIDER DRIVE. 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 R H of 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 a development agreement with R H of Texas, Limited Partnership, for the extension of Schleider Drive. PASSED, APPROVED and ADOPTED this the A.D., 2002. 2~ dayof September , TOM REID MAYOR ATTEST: Yi~NsG I~IINK~ /'/ ECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" R2002-'154 DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION R2002- This Agreement is entered into this ~1~'~ day of, 2002, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and RH of Texas Limited Partnership (hereinafter "Developer"). WHEREAS, Developer intends to develop 29.395 acres of land described in Exhibit 1 as a single family residential community to be known as Creekside Section One (hereinafter "Subdivision); and WHEREAS, The Subdivision borders on the proposed extension of Schleider Drive, a collector street, as shown on the City's Thoroughfare Plan; and WHEREAS, Developer is responsible for constructing or funding a portion of Schleider Drive under provisions of the City's Subdivision Ordinance; and WHEREAS, Developer desires to construct the extension of Schleider Drive between Plum Street and Orange Street (the "Schleider Drive Extension") to provide access to the Subdivision at the time of development of the Subdivision; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to the Schleider Drive Extension. 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: The Schleider Drive Extension is required to be a 38-foot wide street with adequate storm sewer facilities and six-foot sidewalks on both sides to conform to the City's Thoroughfare Plan. Developer will cause its engineers, reasonably approved by the City, to prepare plans and specifications and perform geotechnical studies for the construction of the Schleider Drive extension. City agrees to reimburse developer 50% of the cost of the engineering and geotechnical studies within 30 days of the award of the construction bid for the project. The estimated cost for such services is $35,931 as shown in Exhibit 2. Therefore, the City's share of said costs is presently estimated to be $17,965.50. Upon approval of the plans and specifications by the City, City will obtain competitive line item bids in accordance with Local Government Code Chapter 252 for the construction of the Schleider Drive Extension 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 City. Both City and Developer reserve the right to reject any and all bids for construction. Upon approval of the bids by the City, the City 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. City shall advance the funds necessary to pay the contractor for the work performed. Developer shall reimburse City 50% of the actual construction cost. The current estimated cost for the Schleider Drive Extension, including paving, drainage, and contingency is $197,288.30 as shown on Exhibit 2. Therefore, the total estimated amount to be reimbursed by Developer to City is $98,62!-4.15. Upon completion of the project, actual costs will be accounted and reported to the Developer. The Developer shall reimburse City within 30 days after notification by the City of acceptance of the improvements by the City and evidence of paid invoices. The initial term of this Agreement shall be for a period of three (3) years, commencing on the ,~rk day of Og~,~r- , 2002, and terminating on the day of ~¢~J,~' , 2005, 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. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 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. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 2 10. 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. 11. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 12. This Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 13. Resolution No. R2002-/~ is incorporated herein and made a part of this Agreement for all purposes. 14. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 15. 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 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 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. 3 In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. RH of Texas Limited Partnership By:Ryland Homes of Texas, Inc. General Partner By: Er.~,. Loeb, Vice Pr~iden/ ATTEST: Yo~ Lo~g, City Secretary CITY OF PEARLAND, a Texas municipal corporation Bill Eisen, City Manager STATE OF TEXAS BRAZORIA COUNTY c,~_~ instrument was acknowledged before me on this /-7/ day of ,2002, by Ernest S. Loeb, Vice President of Ryland Homes of Texas, Inc., a Texas corporation, on behalf of said corporation in its capacity as general partner in RH of Texas Limited Partnership, on behalf of said partnership.. Notary Public, State of Texas My Commission Expires: 4 STATE OF TEXAS BRAZORIA COUNTY ~ __z~.2This was me on ,~2~r day of instrument acknowledged before this 002, 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: 7~,~/200~/ ~.~,.~,,~! My Commission ~-xpires: ~ ~ APRIL 2, 2005 5 ESTIMATE OF PROBABLE COSTS SCHLEIDER DRIVE DRAFT REVISED: 9~9~02 Item Storm Drainage Facilities: 18-INCH RCP 24-INCH RCP MANHOLES TYPE "C" INLET TYPE "E" INLET WET SAND CONSTRUCTION FILL & COMPACT EXISTING DITCHES PER PLANS RESHAPE SWALE TO THE NORTH TRENCH SAFETY SYSTEM FILTER FABRIC FENCE REMOVE AND DISPOSE EXIST. 18-INCH PIPE REMOVE AND DISPOSE EXIST 24-INCH PiPE 8" BRICK PLUG FOR 24-INCH PIPE CLEARING, GRUBBING & DISPOSAL Subtotal Paving 7-INCH REINFORCED CONC. PAVEMENT W/6" CURB 8-INCH LIME STABILIZED SUBGRADE ROADWAY EXCAVATION HYDRATED LiME FOR 8-INCH SUBGRADE ASPHALT PAVEMENT 6-FOOT WIDE SIDEWALKS WHEEL CHAIR RAMPS PERMANENT TRAFFIC CONTROL SIGNS INTERLOCKING CONCRETE BLOCK AT OUTFALL SODDING BURLAP BAGS AT INLETS HYDROMULCH SEEDING REMOVE TYPE III BARRICADE Subtotal Total WS&D & Paving & Appurtenances 10% Contingencies Subtotal Engineering, Construction Administration and Fees Engineering (9.3% of TSPE Average of Curves A&B) Surveying (3%) Construction Administration (3%) Geotechnical Services (2%) Adverbsement (Estimate) Subtotal Grand Total Notes. 38-foot-w~de section for Schleider Drive. 2 6-foot s~dewalks are on both sides of Schle~der ©nye 3 Excludes cost of 3 street hghts on Schleider Dnve Quanbty Umt Cost Unit ($/Umt) Cost ($) 80 LF 40.00 $3,200 658 LF 50.00 $321900 3 EA 2,000.00 $6,000 4 EA 1,750.00 $7,000 1 EA 1,750.00 $1,750 288 LF 40.00 $11,520 605 CY 5.00 $3,025 1 EA 1,000.00 $1,000 738 LF I 00 $738 630 LF I O0 $630 30 LF 30.00 $900 25 LF 35 00 $875 1 EA 300.00 $300 0 8 AC 5,000.00 $4,000 $73,838 2,310 SY 30.00 $69,300 2,720 SY 1~50 $4,080 800 CY 5.00 $4,000 72 TON 115 00 $8,280 65 SY 23 00 $1,495 850 SY 10 00 $8,500 3 EA 1,200 00 $3,600 4 EA 400 00 $1,600 1 LS 1,200.00 $1,200 1,650 SF 1 80 $2,970 4 EA 10.00 $40 0.25 AC 1,200.00 $300 1 EA 150.00 $150 $105,515 $179,353 $17,935 $197,288.30 $18,348 $5,919 $5,919 $3,946 $1,800 $35,931 $233,219