R2023-054 2023-02-20RESOLUTION NO. R2023-54
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 the
Thottumkal Family Trust, for the provision of sanitary sewer service to
property located in the City’s Extraterritorial Jurisdiction (7514 Fite Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Thottumkal Family Trust previously submitted a request for utility
service in accordance with that certain Policy for Utility Service Requests in the ETJ adopted by city
Council.
Section 2. That certain Development Agreement, a copy of which is attached hereto as
Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Development Agreement.
PASSED, APPROVED and ADOPTED this the 20th day of February, A.D., 2023.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 45279FCE-086B-4A7C-B61D-8AF1FAC492C0
Exhibit A to Resolution R2023-54
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF PEARLAND,TEXAS AND
PROPERTY OWNER
STATE OF TEXAS §
COUNTY OF BRAZORIA §
This Development Agreement (this "Agreement") is entered into by and between the City of'
Pearland,Texas(the"City")and Thottumkal Family Living Trust the property owner(s) (the"Owner") The
term "Owner" includes all owners of the Property
RECITALS
WHEREAS, the City is a home-rule municipal corporation created and existing under the laws of
the State of Texas and situated in Brazoria County, Texas, Fort Bend County, Texas and Harris County,
Texas, and
WHEREAS, the City has adopted R2019-143 establishing a policy regarding requests for utility
services for properties in the ETJ and this Development Agreement is entered pursuant to that policy; and
WHEREAS, the Owner owns a parcel of real property (the "Property"), generally located at 7514
Fite, that is wholly in the City's Extraterritorial Jurisdiction (ETJ) and within unincorporated Brazoria
County, Texas, which is more particularly and separately described in Exhibit "A", attached to this
Agreement; and
WHEREAS, the Owner has submitted a voluntary petition requesting and consenting to the
Annexation of the Property into the City; attached to this Agreement as Exhibit"B", and
WHEREAS, the Owner has requested Sanitary Sewer Services from the City prior to the property
fully being annexed into the City;
WHEREAS, the Owner agrees to pay all costs of designing and constructing the extension of
Sanitary Sewer Services to the Property;
WHEREAS,the Owner agrees to comply with all development regulations of the City as if it were
already annexed into the City and pay for all costs associated with the provisions of Sanitary Sewer
Services prior to the City annexing the property; and
WHEREAS,the City and the Owner are individually referred to as a "Party" and collectively as the
"Parties", and
WHEREAS, pursuant to the Owner's petition for annexation and request for sewer services prior
to Annexation, the Parties desire to enter into this Agreement to address the desires of the Owner, the
procedures of the City and accomplish the annexation of the Property by the City; and
WHEREAS,this Agreement provides benefits for the City and the Owner that are reasonable and
equitable
NOW THEREFORE, for and in consideration of the mutual agreements contained in this
Agreement, and for the good and valuable consideration the receipt and adequacy of which are hereby
acknowledged,the Owner and the City agree as follows
ARTICLE I
Section 1 1 Recitals. The recitals set forth above are true and correct and are incorporated herein
and made a part hereof as findings for all purposes.
Section 1 2 Definitions. Capitalized terms used herein, including the recitals here, shall have the
meaning set forth in this section, unless otherwise defined, or unless the context clearly requires another
definition
Section 1.3 Effective Date The effective date of this Agreement(the "Effective Date") is the date
it is approved and adopted by the City Council
ARTICLE II ANNEXATION OF PROPERTY
Section 2 1 Filing in Property Records. This Agreement shall be filed in the Real Property Records
of Brazoria County,Texas.
Section 2.2 Annexation The Owner irrevocably petitions and consents,on its behalf and on behalf
of all current and future owners of land included within the Property, to the full purpose annexation of
the entirety of the Property in accordance with the procedures set forth in Chapter 43,Subchapter C-3,of
the Texas Local Government Code (the "Act")
Section 2.3 Written Agreement Regarding Services Pursuant to Section 43.0672 of the Act, the
Parties agree that this Agreement shall constitute an agreement for the provision of services to the
Property, and that upon annexation of the Property,the City shall provide all available municipal services
to the Property in the same manner it provides municipal services to all other properties in the City
Section 2.4 Legislative Changes. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered herein
pursuant to the terms of this Agreement.
Section 2.5 Survey Costs Associated with Annexation In order to accomplish the annexation of
the Property, portions of Fite Road currently outside the City limit between the Property and the City limit
must also be annexed into the City The City intends to annex all of the portion of Fite Road currently
outside the City limit and not just the portion of Fite adjacent to the Property Developer agrees to pay a
proportionate share of the costs of the survey of Fite Road
ARTICLE III TERM
Section 3 1 Term This Agreement commences on the day it is approved by City Council and
continues until the annexation of the property is complete
ARTICLE IV DEVELOPMENT OF THE PROPERTY PRIOR TO ANNEXATION
Section 4 1 Land Uses. The Owner covenants and agrees to limit the use of the property to single-
family residential uses or the following uses as defined in the City's Unified Development Code, as
amended "Convenience Store with Gasoline Sales," "Barber/Beauty Shop/Tanning Studios,"
"Restaurant," and "Seamstress,Tailor or Laundry Dry Cleaning(Retail Only—Drop Off/Pick Up)
Section 4.2 Applicable Ordinances and Codes. Aside from the permits already issued by Brazoria
County prior to the date of this Agreement and the land uses identified above,the Parties agree that the
development located within the boundaries of the Property will be constructed in accordance with the
City's ordinances, codes, and regulations in effect at such time of construction, including but not limited
to the Pearland Code of Ordinances,the Unified Development Code, and the adopted building codes
Section 4.3 Building Permits and Inspections. Aside from permits already issued by Brazoria
County prior to the date of this Agreement,the Parties agree that prior to the placement, construction or
alteration of a building or structure within the boundaries of the Property,a building permit from the City
shall be required Further,the Parties agree that no structure shall be used or otherwise occupied until a
Certificate of Occupancy has been obtained from the City Nothing in this agreement excuses compliance
with Brazoria County's regulations, however, in the event the County's regulations and the City's
regulations differ,the more stringent regulation shall apply
Section 4 4 No Waiver of City Standards. Except as maybe specifically provided in this Agreement,
the City does not waive or grant any exemption to the Property or Owner with respect to City regulations
or ordinances, including without limitation, platting, permitting or similar provisions
ARTICLE V SANITARY SEWER SERVICE PRIOR TO ANNEXATION
Section 5 1 Sanitary Sewer Services. The City shall provide sanitary sewer services to Owner for
the Property In addition to the applicable costs for the sanitary sewer services, all costs to provide such
service shall be paid for by Owner
Section 5.2 Sanitary Sewer Service Rate The Parties agree that the rate for sanitary sewers
services shall be 1'times the applicable rate reflected in the City's current adopted Fee Schedules.Owner
shall be required to have a City water meter connected to each water service line, no matter the source
of water,to establish the winter quarter average water usage to calculate the volumetric portion of the
sewer rate The base rate for residential sewer will be the 5/8" meter rate The base rate for commercial
sewer will be the 2" meter rate
Section 5 3 Construction of Sanitary Sewer Line The Owner shall be responsible for the
construction and all costs associated with the construction of the sanitary sewer service line to the
Property The design and construction of the sanitary sewer service line shall be in accordance with plans
approved by the City Engineer
Section 5 4 Dedication Upon Annexation, the Sanitary Sewer Service Line shall be the property
of the City
Section 5 5 Impact Fee Equivalent. The Parties agree that if the property were in the City an
Impact Fee in accordance with Ordinance 1556 and Chapter 395 of the Local Gov't Code would be
assessed, but that, as the property is not yet annexed into the City, an impact fee equivalent shall apply,
which fee shall be calculated by multiplying what would be the impact fee if the property were in the City
by two
ARTICLE V SALES TAXES
Owner covenants and agrees to require any commercial use or business enterprise operating
within the boundaries of the Property to collect and remit sales taxes as if they were located within the
City
ARTICLE VII. BREACH,NOTICE AND REMEDIES
Section 7 1 Notification of Breach If either Party commits a breach of this Agreement,the non-
breaching Party shall give Notice to the breaching Party that describes the breach in reasonable detail
Section 7.2 Cure of Breach The breaching Party shall commence curing the breach within 15
calendar days after receipt of the Notice of the breach and shall complete the cure within 30 days from
the date of commencement of the cure, however,if the breach is not reasonably susceptible to cure within
such 30-day period,the non-breaching Party shall not bring any action so long as the breaching Party has
commenced to cure within such 30-day period and diligently completes the work within a reasonable time
without unreasonable cessation.
Section 7.3 Remedies for Breach If the breaching Party does not substantially cure the breach
within the stated period of time,the non-breaching Party may,in its sole discretion,and without prejudice
to any other right under this Agreement, law, or equity, seek any relief available at law or in equity,
including,but not limited to,an action under the Uniform Declaratory Judgment Act,specific performance,
mandamus and injunctive relief; provided, however,that the non-breaching Party shall not be entitled to
terminate this Agreement. The Parties specifically waive any right that they have or in the future may
have to terminate this Agreement. Damages, if any, to which any non-breaching Party may be entitled
shall be limited to actual damages and shall not include special or consequential damages. In addition,
the prevailing party in any such action shall be entitled to reasonable attorney's fees and costs of litigation
as determined in a final, non-appealable order in a court of competent jurisdiction
ARTICLE VII. ADDITIONAL PROVISIONS
Section 8.1 Voting. Until such time as the Property is annexed into the City, any residents within
the boundaries of the Property may not vote in any municipal election
Section 8.2 Conveyance All conditions and covenants of this Agreement are hereby declared to
be covenants running with the land and shall be fully binding upon all persons acquiring any interest in
all,or a portion of the Property described herein,whether by descent,demise, purchase,gift or otherwise.
This Agreement and the benefits and obligations created hereby shall inure to the benefit of and be
binding upon the parties hereto and their successors,transferees and assigns. Any purchaser of all or any
portion of the Property assumes and agrees to be bound by the covenants and agreements of this
Agreement that apply to the Owner Any person who sells or conveys any portion of the Property shall,
prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or
grantee, and shall give written notice of the sale or conveyance to the City
Section 8.3 Notices. Any notices, certifications, approvals, or other communications (a "Notice")
required to be given by one Party to another under this Agreement shall be given in writing addressed to
the Party to be notified at the address set forth below and shall be deemed given (i) when the Notice is
delivered in person to the person to whose attention the Notice is addressed, (ii) 10 business days after
the Notice is deposited in the United States Mail, certified or registered mail, return receipt requested,
postage prepaid, (iii) when the Notice is delivered by Federal Express, UPS, or another nationally
recognized courier service with evidence of delivery signed by any person at the delivery address, or (iv)
10 business days after the Notice is sent by FAX(with electronic confirmation by the sending FAX machine)
with a confirming copy sent by United States mail within 48 hours after the FAX is sent. If any date or
period provided in this Agreement ends on a Saturday, Sunday, or legal holiday,the applicable period for
calculating the Notice shall be extended to the first business day following the Saturday, Sunday, or legal
holiday For the purpose of giving any Notice,the addresses of the Parties are set forth below The Parties
may change the information set forth below by sending Notice of such change to the other Party as
provided in this Section 7 3
To the City* City of Pearland
3519 Liberty Dr, Pea rland,TX 77581
Attn City Manager
To the Owner Thottumkal Family Living Trust
5303 Raintree Dr, Missouri City,TX 77459
Attn Jaison Thottumkal
Section 8.4 No Waiver Any failure by a Party to insist upon strict performance by the other Party
of any provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the
right at any time thereafter to insist upon strict performance of any and all of the provisions of this
Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving
such provision Any waiver shall be limited to the specific purpose for which it is given No waiver by any
Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other
term or condition or subsequent waiver of the same term or condition
Section 8.5 Governing Law and Venue This Agreement shall be construed and enforced in
accordance with the laws of the State of Texas, as they apply to contracts performed within the State of
Texas and without regard to any choice of law rules or principles to the contrary The Parties acknowledge
that this Agreement is performable in Brazoria County,Texas and hereby submit to the jurisdiction of the
courts of Brazoria County, Texas and hereby agree that any such court shall be a proper forum for the
determination of any dispute arising hereunder
Section 8.6 Authority to Execute The City represents and warrants to the Owner that the
execution of this Agreement has been duly authorized by the City Council and that the person executing
this Agreement on behalf of the City has been duly authorized to do so by the City Council The Owner
represents and warrants to the City that he has full authority to execute this Agreement.
Section 8.7 Severability The provisions of this Agreement are severable and, in the event any
word, phrase, clause, sentence, paragraph, section, or other provision of this Agreement, or the
application thereof to any person or circumstance, shall ever be held or determined to be invalid, illegal,
or unenforceable for any reason, and the extent of such invalidity or unenforceability does not cause
substantial deviation from the underlying intent of the Parties as expressed in this Agreement,then such
provision shall be deemed severed from this Agreement with respect to such person, entity or
circumstance, without invalidating the remainder of this Agreement or the application of such provision
to other persons,entities or circumstances,and a new provision shall be deemed substituted in lieu of the
provision so severed which new provision shall,to the extent possible,accomplish the intent of the Parties
as evidenced by the provision so severed
Section 8.8 Changes in State or Federal Laws. If any state or federal law changes so as to make it
impossible for the City or the Owner to perform its obligations under this Agreement, the parties will
cooperate to amend this Agreement in such a manner that is most consistent with the original intent of
this Agreement as legally possible
Section 8.9 Additional Documents and Acts. The Parties agree that at any time after execution of
this Agreement,they will,upon request of the other Party,execute and/or exchange any other documents
necessary to effectuate the terms of this Agreement and perform any further acts or things as the other
Party may reasonably request to effectuate the terms of this Agreement.
Section 8.10 Assignment. This Agreement shall not be assignable without the other Party's written
consent. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective
representatives, successors, and assigns as permitted by this Agreement.
Section 8.11 Amendment. This Agreement may be amended only with the written consent of the
Parties.
Section 8 12 Interpretation. This Agreement has been negotiated by the Parties, each of which
has been represented by counsel, and both Parties acknowledge and stipulate that this Agreements is the
product of mutual negotiation and bargaining; consequently, the rule of construction to the effect that
any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation
of this Agreement.
Section 8.13 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the City and
the Owner, and neither the City nor the Owner intends by any provision of this Agreement to create any
rights in any third-party beneficiaries or to confer any benefit or enforceable rights under this Agreement
or otherwise upon anyone other than the City and the Owner
Section 8.14 Governmental Powers. The City does not waive or surrender any of its governmental
powers, immunities or rights, except as specifically waived pursuant in this Section 8 14 The City waives
its respective governmental immunity from suit and liability only as to any action brought by Owner to
pursue the remedies available under this Agreement. Nothing in this Section 8.14 shall waive any claims,
defenses or immunities that the City has with respect to suits against it by persons or entities not a party
to this Agreement.
Section 8.15 Indemnity The Owner agrees to indemnify, defend and hold harmless, City and its
officers, agents, employees and representatives, from and against any and all liability, suits, actions,
proceedings,judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including
personal injury,accidental death or property damage,and regardless,of whether the allegations are false,
fraudulent or groundless),costs and expenses(including attorney's fees, litigation,arbitration, mediation,
appeal expenses) which in whole or in part arise out of or are connected with, or which are alleged to
have arisen out of or to have been connected with this Agreement. Owner's obligation to indemnify,
defend, and hold harmless shall remain in effect and shall be binging upon Owner whether such injury or
damage or may be discovered after the Property is annexed and this Agreement is terminated
Section 8.16 Incorporation of Exhibits by Reference All exhibits attached to this Agreement are
incorporated into this Agreement by reference for the purposes set forth herein, as follows
Exhibit A- Development Plat of JT Plaza III
Exhibit B-Voluntary Petition for Annexation
7 17 Counterpart Originals. This Agreement may be executed in multiple counterparts, each of
which shall be deemed to be an original
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PEARLAND ON i -b 0.0,2023.
ATTEST- CITY OF PEARLAND
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Secretary Printed Name: 77?( *//0/4"
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APPROVED AS TO FORM AND LEGALITY: `.`•0 coz
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City Attorney ,,,`,``,`,,`,�.
APPROVED AND ADOPTED BY THE OWNER ON , 2023
[OWNER]
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Printed Name: 5 k. vet
STATE OF TEXAS §
Foci 2e nil
COUNTY OF B.RiadefRik §
This instrument was acknowledged before me on f6rv+r. '�, 1 20E by 30 v " the,,
of the City of ,Texas on behalf of the city.
14 1 6-1/) , Notary Public,State of Texas
4,„).0 aver CHRISTIAN J REBRESH
Notary II #733936240
t My Commission Expires
of August 30, 2026
Page 8
OS- 113 -zoz
Ex,.A; Development Agreement for 7514 Fite
COUNTY ROAD 91 — FITE ROAD
98713'36"E 266.10'
LOT 1
1.6109 ACRES
70,170 SQ. FT.
8
6
ADVANCE SURVEYING, INC.
10518 KIPP WAY SUITE A-2 HOUSTON, TEXAS 77009
388
}18h1tk7Vh+Wilt}r,'W,d 1
DEVELOPMENT PLAT
JT PLAZA III
A SUBDIVISION OF 2.0198 ACRES OR 87,982 SQUARE FEET OF LAND
SITUATED IN THE H:I.& B,RR. COMPANY SURVEY, SECITON 17, A- 242
BRAZORIA COUNTY, TEXAS
BUNG ALL OF LOTS 67, 68, 89 AND 90 OF THE
MANVEL ROAD TERRACE, AN UNRECOR'ED SUBDIVISION IN
CI IY OF PEARL AND I?TJ
BRAZOR1A COUNTY, TEXAS
ONE (1) LOT ONE (1) BLOCK
SCALE: L°- 31F LIATE: APRIL 19, 2022
OWNER:
JOSE V. 'won UMKAL OR
SAIO'1MMA 1110THUKAL
T'RUSITES OF THE 1HOSLUMKAI.
FAMILY LIVING TRUST DATED
ULY'10 006
5305 RAIN'1 REIS D12[VF.
MISSOURI CITY, TEXAS 77459
— -- TEL NO. 281-748-7811
QB N0.1198>6-t5-3
Exhibit B to Development Agreement for 7514 Fite
PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR OF THE GOVERNING BODY OF PEARLAND, TEXAS
The undersigned owner of the hereinafter described tract of land, which is
without residents, hereby petition your honorable Body to extend the present city limits
so as to include as part of the City of Pearland, Texas, the following described territory,
to wit:
7514 Fite Road, Pearland Texas 77584
MANVEL ROAD TERRACE (A0242 H T & B R R) LOT 67-68-89-90
Development Plat of JT Plaza Ill (attached as Exhibit A)
I certify that the above described tract of land is contiguous and adjacent to the City of
Pearland, Texas, and that this petition is sign d duly acknowledged by each and
every person having an interest in said land
Signed r
Printed Name. 3� V 0 j o �-- ,i m kev
Signed--
Pr
i~ gne
-P ' ame
THE STATE OF TEXAS
COUNTY OF Fort e L'
BEFORE ME, the undersigned authority, on this day personally appeared Jose V.
Thottumkal, known to me to be the person whose name is subscribed to the foregoing
instrument and each acknowledged to me that he executed the same for the purposes
and consideration therein expressed
Given under my hand and seal of office, this 15th day of February, 2023.
�� r
rdia-alb
• WI
ar aL CHRISTIAN J RE$RESH
Notary ID 0133936240 I Notary Publ in and for
My Commission Expires F - l3 ev) County, Texas.
4 ,� August 30, 2026
SILT
OS- 03 -zoz
Exhibit A to Voluntary Petition for Annexation 0,7514 Fite
ATT
COUNTY ROAD 91 - FITE ROAD
06713'36'E 266.10'
LOT 1
1.6109 ACRES
70,170 SQ. FT.
6
6
ADVANCE SURVEYING, INC.
10518 KIPP WAY SUITE A-2 HOUSTON, TEXAS 7I009
388„
}18h1 k7Vh+Wilt}r,'W,! 1
vianr-.Y �e scv.e. 1°��roc
DEVELOPMENT PLAT
JT PLAZA III
A SUBDIVISION OF 2.0198 ACRES OR 87,982 SQUARE FEET OF LAND
SI'1UATED 1N THE H:I.& B,RR. COMPANY SURVEY, SECTION 17, A- 242
BRAZ-OR1A COUNTY, TEXAS
BEING ALL OF LOTS 67, 68, 89 AND 90 OF THE
i4AV VEL ROAD TERRACE, AN UNRECORbLD SUBDIVISION 1N
cal' OF PEARL ANU FTJ
BRAZ,ORIA COUNTY, TEXAS
ONE (1) LOT ONE (1) BLOCK
SCALE: L°- 3,F DATE: APRIL 19, 2022
OWNER:
JOSE V. THOT TUMKAL OR
SAPAMMA P 10TCIUKAL
T'RUS [LES OF THE 1 HO!0510AI,
FAMILY LIVING [RUST DATED
ILLY'10 2006
5305 RA1N'1 REE D12[VF.
MISSOU121 CITY, TEXAS 77459
— -- TEL NO. 281-7 -7811
021010.
INCQ. 11', 36 I°-0-