R2006-024 02-13-06
RESOLUTION NO. R2006-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING A DEVELOPMENT AGREEMENT WITH PROVINCE
VILLAGE, LLP.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Development Agreement by and between the City of Pearland
and Province Village, LLP, 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 Province Village, LLP.
PASSED, APPROVED and ADOPTED this the 13th day of February
A.D., 2006.
~CNW1 0
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~b.~
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R2006- 24)
This Agreement is entered into this 30th day of December, 2005, by and between the CITY
OF PEARLAND, TEXAS, (hereinafter "City"), and THE MAVERICK GROUP, LLP
(hereinafter "Developer").
WHEREAS, Developer intends to develop 47.65 acres of land as planned unit
development consisting of garden home, town home, office and professional, general
business, and recreational uses to be known as Province Village (hereinafter
"Subdivision); and
WHEREAS, The City's Thoroughfare Plan depicts a minor collector street (hereinafter "the
Collector") connecting Pearland Parkway with Country Club Drive within the boundaries of
the Subdivision; and
WHEREAS, Developer is responsible for constructing or funding a portion of the collector
under provisions of the City's Subdivision Ordinance; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to the construction of the Collector.
W-!TNESSETH:
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 Collector will be designed with a fifty-foot right of way width and twenty eight-
foot paving, subject to the following conditions:
a. A segment at both ends of the Collector will be designed with sixty-foot
right of way and adequate paving width to accommodate two through lanes
and one left turn lane. The length of each widened segment shall be
determined by the City.
b. The Developer will provide appropriate signage and striping to prohibit on-
street parking on the Collector.
c. The Collector will otherwise meet all City standards.
d. No parking will be permitted on either side of the Collector, for its full
length.
2. Developer will design, obtain all required permits, and construct the Collector
including paving, drainage, detention, and related earthwork.
3. Developer will cause its engineer to prepare plans and specifications, in
4. City will reimburse developer for the actual construction, engineering design, and
land costs for that portion of the Collector related to the crossing of the Clear Creek
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oxbow channel, estimated to be $374,000 as shown in Exhibit 1. Actual
reimbursement shall not exceed the total estimated reimbursement by more than
5% without prior approval of the City Council. Developer shall be responsible for
acquiring the right-of-way contemplated by this provision; however, City agrees to, if
necessary, acquire the right-of-way under the provisions of State law, including the
City's power of eminent domain.
5. Upon approval of the plans and specifications by the City, Developer will obtain
competitive line item bids in accordance with Local Government Code Chapter 252
for the construction of the Collector in accordance with the plans and specifications.
The bid specifications will be prepared in a manner that clearly identifies and
distinguishes those items and quantities for which the City is responsible. The bids
will be reviewed by Developer and the City and a contract will be awarded to the
successful bidder by Developer. Both City and Developer reserve the right to
reject any and all bids for construction.
6. Upon approval of the bids by the Developer, the Developer shall cause the work to
be completed in accordance with the plans and specifications. Developer's
engineer shall monitor the progress and workmanship of the contractor, including
construction administration and materials testing. City shall also provide inspection
to monitor the workmanship of the contractor. Developer shall advance the funds
necessary to pay the contractor for the work performed.
7. City shall reimburse Developer for City's portion, as described in paragragh 4
above, of engineering and construction costs within forty-five days (45) following
the City's acceptance of the Collector.
8. City obligations under this Agreement will be paid from lawfully available funds that
may be currently available in the budget year in which the obligation may be due.
City agrees to use its best efforts to collect such revenues and appropriate such
funds as may be required to finance its obligations.
9. The initial term of this Agreement shall be for a period of three (3) years,being
retroactive to and commencing on the 30thday of December, 2005, and terminating
on the 31st day of December, 2008, 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.
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
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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 ofthis
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. R2006-24 is incorporated herein and made a part ofthis Agreement
for all purposes.
17. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
18. 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,
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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.
19. By execution of this Agreement, both parties agree that the Development
Agreement (R2005-125), approved by the City Council on August 8,2005, is
terminated, and the responsibilities of the Parties subject to said Agreement are no
longer applicable.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
THE MAVERICK GROUP, LLP
~J~7~J~l3 O~
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
ry
j{~te ~
Biii Eisen, City Manager
4
STATE OF LOUISIANA
PARISH OF BATON ROUGE
J(,. This instrument was aCknOWled9Jed ~~ me
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4w1til..-
Notary Pu?li~, State .of Louisia, ~ 1/
My Commission Expires: fI _"
lAvtt!t/!'SS r r
Lt. I.., ,6//4, If rry
on this
:l r" ~ day of
on behalf of
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this) I ::,Tday of ~ I \.. ~ .
2006, by Bill Eisen, City Manager ofthe City of Pearland, a Texas home rule munic pahty,
on behalf of said municipality.
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Notary Public, State of Texas
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19. By execution of this Agreement, both parties agree that the Development
Agreement (R2005-125), approved by the City Council on August 8,2005, is
terminated, and the responsibilities of the Parties subject to said Agreement are no
longer applicable.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
ottaaaaaiew. THE MAVERICK GROUP, LLP
By:
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P,TTEwe° �•�� CITY OF PEARLAND,
®®®si®Snl09ao06®o®0 a Texas municipal corporation
By:
Yo Lo , y cre ry Bill Eisen, City Manager
4
EXHIBIT
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•COSTS FOR"CROSSING"AT PROVINCE VILLAGE B L
OPINION OF PROBABLE COSTS •
Job No.1938-0002(8.4) _
July 28,2005
ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST
1. LAND COSTS FOR CROSSING ACQUISITION AC, 2.5 $20,000.00 $50,000.00
2. WETLANDS ASSESTMENT STUDY EA 1 $3,850.00 $3,850.00
3. NW14(CROSSING)PERMITTING EA 1 $12,000.00 $12,000.00
4. WETLAND PLANTINGS • AC 2.4 $2,000.00 $4,800.00 •
5. USACOE APPLICATION FEES EA 1 $100.00 $100.00
6. DETENTION POND WET BOTTOM EXCAVATION AND CY 3,090 $5.00 $15,450.00
7. SURVEYING(FIELD AND OFFICE) DAY 2 $2,250.00 $4,500.00
8. 7'X 5'REINFORCED CONCRETE BOXES LF 100 $400.00 . $40,000,00
9. HEADWALLS FOR DUAL 7'X 5'BOX CULVERTS EA 2 $15,000.00 $30,000.00
10. GUARDRAILS, PAVEMENT STRIPING AND BUTTONS • LS 1 $1,000.00 $1,000.00
11. EXCAVATION AND SPREADING FROM CROSSING CY 500 $4.00 $2,000.00
12. SELECT FILL CY 500 $8:00 $4,000.00
13. STORM WATER POLLUTION PREVENTION PLAN LS 1 $3,000.00 $3,000.00
14. INSTALL AND MAINTAIN REINFORCED FILTER FABRIC LF 400 $1.50 $600.00
15. HYDROMULCH S AC 1 $1,200.00 $1,200.00
16. MISCELLANEOUS ITEMS LS 1 $6,000.00 $6,000.00
17. 6"REINFORCED CONCRETE PAVEMENT . SY 931 $30.00 $27,930.00
18.- 6"REINFORCED CONCRETE CURB LF 598 .$4.00 $2,392.00
19. 8"LIME STABILIZED SUBGRADE(MANIPULATION) . SY 1,000 $2.00 $2,000.00
20. HYDRATED LIME FOR SUBGRADE PREPARATION TON 26.5 $125.00 $3,312.50
21. SLOPE PAVING SF 15,000 $4.00 $60,000.00
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TOTAL $275,000.00
CONTINGENCIES (15%) $41,250.00
ENGINEERING(15%) $47,437.50
SOILS ENGINEERING AND TESTING(3°/a) $9,487.50
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TOTAL WITH CONTINGENCIES'AND ENGINEERING $374,000.00
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