R2022-276 2022-12-12RESOLUTION NO. R2022-276
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Reimbursement Agreement
between the City and the Pearland Economic Development Corporation;
associated with the Lower Kirby Master Drainage Plan Land Acquisition.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement Agreement by and between the City of Pearland
and the Pearland Economic Development Corporation, a copy of which is attached hereto as
Exhibit “A” and made a part hereof for all purposes, are 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 Reimbursement Agreement associated with the Lower Kirby Master
Drainage Plan Land Acquisition.
PASSED, APPROVED and ADOPTED this the 12th day of December, A.D., 2022.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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REIMBURSEMENT AGREEMENT
LOWER KIRBY MASTER DRAINAGE PLAN
MAIN POND LAND ACQUISITION
PMMD#1 REIMBURSEMENT ASSUMPTION
This Agreement is entered into this 12 th day of December, 2022, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic
Development Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and Lower Kirby Pearland Management District ("LKPMD") and
Pearland Municipal Management District No. 1 ("PMMD#1") have approved a Master
Drainage Plan ("Plan") for the area located within the boundaries of LKPMD and
PMMD#1.
WHEREAS, the LKPMD, PMMD#1, City and PEDC desire to make drainage
improvements to create or expand detention ponds and conveyance facilities located in
the Master Drainage Plan Regional Detention Service Area in accordance with the Plan
as amended (hereinafter "Improvements"); and
WHEREAS, the City and PEDC desire to acquire the fee simple title interest in certain
real property in order to make the Improvements (hereinafter"Property Acquisition"); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter"Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements . . ."; and
WHEREAS, the City is entitled to receive eligible reimbursements from PMMD#1 for
PMMD#1's portion of the respective costs associated with the Property Acquisition of and
engineering of the Improvments; and
WHEREAS, the City entered into a Financing Agreement with PMMD#1 on March 10,
2014 for PMMD#1's portion of the respective costs associated with the Property
Acquisition and engineering; and
WHEREAS, the City has previously received eligible reimbursements from LKPMD in
April 2016 for the costs associated with LKPMD's portion of the Property Acquisition and
engineering; and
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WHEREAS, PEDC desires to reimburse the City for PMMD#1's share of the costs
associated with the Property Acquisition and engineering; and
WHEREAS, PEDC approved funding for PMMD#1's portion of the costs associated
with the Property Acquisition and engineering for the Improvements at its December 8,
2022 Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the reimbursement of costs related to the Property
Acquisition and engineering.
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 City contracted and paid for all professional services necessary to provide
documentation to acquire the fee interest in the Property Acquisition.
2. The City acquired, on behalf of the LKPMD and PMMD#1, the parcel(s) needed
for the Improvements as identified in Exhibit "A" attached hereto.
3. The PMMD#1's portion of the cost of the Property Acquisition of the parcel(s) and
engineering paid by the City is $622,513 ("City Portion"), as shown in Exhibit "B".
The PEDC agrees to fund the City Portion ("PEDC Participation"). The PEDC
Participation amount shall be paid to City a lump sum amount. The timing and
amount of the payment shall be determined at sole discretion of the City, but in no
event shall the total payments exceed the actual cost of the Property Acquisition.
4. This Agreement is in consideration of the City entering into a Financing Agreement
with PMMD#1 whereby City agreed to pre-finance the Property Acquisition in
return for PMMD#1's agreement to reimburse the City for the costs associated with
the Property Acquisition ("Reimbursable Fund Payments"). Within 90 days
following City's receipt of a Reimbursable Fund Payment from PMMD#1 that is
attributable to the Property Acquisition and engineering, City shall make payment
to PEDC, in an amount equal to the Reimbursable Fund Payment, as
reimbursement for the PEDC Participation Amount. Any interest paid by PMMD#1
shall remain with the City and not refunded PEDC.
5. The initial term of this Agreement shall be for a period of three (3) years,
commencing on the th day of , 2022, and may be renewed as needed
until the Reimbursable Fund Payments is complete.
6. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
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8. 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.
9. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
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. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Trent Epperson, Interim City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporation
F��AADoRRcuSigned by:
By: 713DG907C8CA488_.
Mona Chavarria
Chair
CITY OF PEARLAND,
a Texas municipal corporation
DocuSigned by:
By: �, --
F 9t_ &I2'DC740423...
Trent Epperson,
Interim City Manager
ATToE§Td by:
FratAa s Q$ar
yUtC;225J1F r415...
Frances /�gullar
City Secretary
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EXHIBIT B
Main Pond Acquisition and Engineering Costs
PMMD#1 Portion
Description Total Cost
Property Acquisition $ 539,527.51
Detention Analysis $ 34,275.91
Detention Phasing Plan $ 4,992.56
Lower Kirby Phase 1 PER $ 43,716.96
Total PMMD#1 Cost* $ 622,512.94
*Any interest paid by PMMD#1 shall remain with the City and not refunded
PEDC.
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