R2023-160 2023-07-10RESOLUTION NO. R2023-160
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 and
authorizing a Letter Finance Agreement with the Lower Kirby Pearland
Management District associated with the Fruge Road East Improvements 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, is hereby authorized and approved.
Section 2. That certain Letter Finance Agreement with the Lower Kirby Pearland
Management District, a copy of which is attached hereto or Exhibit “B” and made a part here of, is
hereby approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Reimbursement Agreement and Letter Finance Agreement associated
with the Fruge Road East Improvements Land Acquisition.
PASSED, APPROVED and ADOPTED this the 10th day of July, 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: 9B5F4B06-9C2E-436D-BE54-AAB93054328C
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway,Suite 2600
Houston,Texas 77027
May 17,2023
Mr Trent Epperson
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
Re Fmancmg for right-of-way acquisition for Fruge Road expansion east of
Kirby Drive
Dear Mr Epperson
Lower Kirby Pearland Management District (the "District") and the City of
Pearland,Texas(the"City")entered into a Fmancmg Agreement(the"Agreement")dated
March 10, 2014, to provide for the fmancmg and construction of facilities to serve land
within the District The District and the City have determined to proceed with right-of-
way acquisition needed for the Fruge Road expansion east of Kirby Drive(the"Project)in
accordance with the Agreement. The City will make all payments related to the Project in
an amount not to exceed$80,000.00,and the District agrees to reimburse the City pursuant
to the terms of the Agreement
[EXECUTION PAGE FOLLOWS]
1104741
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 17th day of May, 2023.
Very truly yours,
LOWER KIRBY PEARLAND MANAGEMENT
DISTRICT
By:
Pr dent, Board of Directors
AGREED TO AND ACCEPTED this /0 day of 2023.
City of Pea nd,Texas
By.
City Manager
1104741
REIMBURSEMENT AGREEMENT
LOWER KIRBY FRUGE ROAD EAST
This Agreement is entered into this II day of , 2023, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "Cit "), nd 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 PEDC desire the construction of the Fruge Road East
Improvements (hereinafter "Improvements"), and
WHEREAS, the Improvements represent an infrastructure project located within the
boundaries of the Lower Kirby Pearland Management District ("LKPMD"), 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 PEDC desires to fund the road right-of-way land acquisition costs for the
Improvements, and
WHEREAS, the City can receive eligible reimbursements from the LKPMD for the costs
associated with the land acquisition, and
WHEREAS, PEDC approved funding the road right-of-way land acquisition for the City
at its June 29, 2023 Board of Directors' meeting, and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities regarding the road right-of-way land acquisition and reimbursement of
said costs
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.
i
1 City shall be responsible for acquiring necessary road right-of-way for the
Improvements more accurately described in Exhibit "A" attached hereto
2 The total cost of the road right-of-way land acquisition is estimated to be
$80,000 00, as itemized in Exhibit "B" attached hereto PEDC shall fund an
amount equal to the actual cost of the land acquisition ("PEDC Participation
Amount"), which shall be paid to City in installments or 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
Improvements
3 This Agreement shall be contingent upon the City and LKPMD entering into a
Financing Agreement whereby City agrees to acquire road right-of-way for the
Improvements in return for LKPMD's agreement to reimburse said expenses
("Reimbursable Fund Payment") Within 90 days following City's receipt of a
Reimbursable Fund Payment from LKPMD that is attributable to the right-of-way
acquisition, City shall make payment to PEDC, in an amount equal to the
Reimbursable Fund Payment, as reimbursement for the PEDC Participation
Amount
4 The initial term of this Agreement shall be for a period of five (3) years,
commencing on the day of , 2023, and may be renewed as
needed until the Improvements are substantially complete.
5 This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
4 Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction
5 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
6 This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas
7 To accomplish execution of this Agreement, it may be executed in multiple
counterparts
8 The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas
9 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
2
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, 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
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
B
Y
Chad umann
Chairman
CITY OF PEARLAND,
a Texas municipal corporation
By.
Trent Epperso
City Manager
ATTEST ,,,,,,,Iu II;/I/1////,
Fra Aguilar = • VW' • "
City Secretary =
3 ';
4
EXHIBIT A
“PROJECT”
FRUGE ROAD EAST
10'42'60'PROP ROWPROP ROWPROP ROW40'24'City of Pearland, TexasRECONSTRUCTION OFEAST FRUGE ROADOVERALL EXHIBIT060' 120'60'HORIZONTAL SCALE IN FEETFRUGE ROADDITCH S-2(TXDOT)KIRBY DRIVECLEAR CREEK
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EXHIBIT B
ROAD RIGHT-OF-WAY LAND ACQUISITION
PROJECT BUDGET
Professional Services $30,000
Land Acquisition $50,000
Total Estimated Budget $80,000