R2023-180_2023-08-14RESOLUTION NO. R2023-180
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a cost sharing agreement with the
Pearland Economic Development Corporation associated with the Hickory
Slough Sports Complex.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Cost Sharing 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.
Section2. That the City Council, contingent upon PEDC approval, hereby approves
PEDC expenditures to fund approximately $17.6 million, or the actual cost, for construction of the
Hickory Slough Sports Complex Expansion Project (“Project”); an estimated $232,951.00 for one-
time capital equipment costs for the Project; and an estimated annual $384, 021.00 for the ongoing
operations and maintenance of the Project.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Cost Sharing Agreement with the Pearland Economic Development
Corporation.
PASSED, APPROVED and ADOPTED this the 14th day of August, 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: 400032D9-2DAD-4015-895C-9F8133C766A2
HICKORY SLOUGH SPORTS COMPLEX
FUNDING AGREEMENT
CITY OF PEARLAND RECREATION CONSTRUCTION AND
MAINTENANCE CONTRIBUTIONS
This Agreement is entered into this 0/ 1 day of , 2023, by and between
the CITY OF PEARLAND, TEXAS (hereinafter "C y"), 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 PEDC have approved the Pearland Prosperity Strategic Plan
which includes a strategy to support Quality of Life and Quality of Place by advancing
the development and implementation of the Parks and Multi-Modal Master Plans, and
WHEREAS, the City's Master Parks Plan calls for construction of the Hickory Slough
Sports Complex ("Project") in two (2) phases, and
WHEREAS, the PEDC previously funded a portion of the Project, Phase I ("Phase I
Funding"), and
WHEREAS, the City plans to construct and maintain Phase II of the Project, and
WHEREAS, the City has requested PEDC contribute towards the construction and
ongoing maintenance of the Project, Phase II ("Phase II Funding"), 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, Section 505 152 of the Code authorizes the expenditure of PEDC funds for
projects related to Recreational or Community Facilities which includes public parks,
and
WHEREAS, Section 505 152 of the Code, in pertinent part, also defines the term
"project" to mean "land, buildings, equipment, facilities, expenditures and improvements
found by the board of directors to be required or suitable for use for public park
purposes and events, including...parks and parks facilities, open space improvement...,
and
WHEREAS, Section 505 303 of the Code authorizes the expenditure of PEDC funds for
maintenance and operating costs of a project so long as the project is publicly owned
and operated, and Type B funds were utilized to purchase or construct the project, and
WHEREAS, the Project will contribute to the improvement of the City's parks system,
and the PEDC desires to fund the expenses associated with the Project, and
WHEREAS, at its July 27, 2023 Board of Directors meeting, the PEDC conducted a
public hearing and approved funding a portion of the expenses associated with the
Project in addition to an annual contribution towards the Project's maintenance and
operations, and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Project
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 Phase II Funding
The total estimated cost of the Project (Phase II) is estimated to be $17 6M, as
itemized in Exhibit "A" attached hereto PEDC agrees to fund the Phase II costs
in an amount estimated to be $17 6M, or the actual cost ("Phase II Funding")
The Phase II Funding amount shall be paid in installments or a lump sum amount
to the City. 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 PEDC
Participation amount without additional authorization from the Board of Directors
2 Type B Funding Percentage
The PEDC funded 13% or $564,000 of the total cost of $4 5M of the Project,
Phase I capital costs PEDC Participation will fund 100% of the estimated
$17 6M, or the actual cost, of the Project, Phase II capital costs The PEDC
combined funding percentage for the capital costs for Phase I and Phase II of the
Project is 82% ("Combined PEDC Participation Percentage") is shown in Exhibit
"B" attached hereto
3 Capital Equipment
PEDC agrees to fund an estimated $232,951 for capital equipment necessary to
operate the Project at the same percentage as the Combined PEDC Participation
Percentage of 82% The itemization of proposed capital equipment is shown in
Exhibit "C" attached hereto.
4 Maintenance and Operations Costs
The total estimated annual maintenance and operations cost of the Project is
2
$468,318 PEDC shall fund an annual amount of maintenance and operations
costs equal to the Combined PEDC Participation Percentage PEDC is
estimated in the first full year of operations to pay $384,021 per year or $32,002
per month which is 82% of the cost estimate shown in Exhibit "D" This amount
shall be paid to City in installments or a lump sum amount The timing the
payments shall be determined at sole discretion of the City, but in no event shall
the total payments exceed the PEDC percentage contribution to the total capital
cost
5. Annual Calculation
The City, on an annual basis, and prior to the Board of Directors adoption of their
annual budget, shall present to the Board of Directors a proposed itemized
annual budget for the maintenance and operations of the Project to be
incorporated into the PEDC's annual budget
6 City shall design and construct the Project generally shown in Exhibit "E"
attached hereto
7 The City shall comply with state law requirements for construction of public
projects using competitive bidding, competitive proposals, or alternate forms of
delivery for construction projects City reserves the right to reject all bids or
proposals for the construction of the Project Following award of the contract by
City, City shall cause construction of the Project to commence on or before July
1, 2025 ("Commencement Date") and shall cause the Improvements to be
completed in accordance with the plans and specifications within a reasonable
period of time
8 Due to the funding and maintenance components of this Agreement, the term of
this Agreement shall be perpetual, commencing on the day of
, 2023
9. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
10 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
11 Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction
12 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
3
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
13 This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas
14 To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
15 The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas
16 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, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC• Pearland Economic Development Corporation
Attn Chair of the Board of Directors
3519 Liberty Drive, Suite 300
Pearland, TX 77581
4
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
• 1
By. 4 e..
Ch:• Thumann
Chair
CITY OF PEARLAND,
a Texas municipal corporation
By
Trent Epperson,
City Manager
ATTEST.
Fran guitar
City S cretary
q
•
•
•
5
Exhibit A
Total Project Cost
Design $ 1,553,762
Construction.
General Conditions $ 410,000
Demolition $ 35,025
Hardscape $ 753,825
Restroom $ 900,000
Earthwork & Paving $ 895,565
Utilities $ 30,800
Storm $ 390,500
Fields $ 6,172,000
Lighting and Electrical $ 1,190,000
Softscape $ 1,612,700
Site Furnishings $ 557,600
Subtotal $ 12,948,015
20% Contingency $ 2,589,603
Total Construction Cost $ 15,537,618
Construction Mgmt. & Insp. $ 310,752
Construction Materials Testing $ 200,000
Total Const. Ph Svcs $ 510,752
Grand Total $ 17,602,132
6
Exhibit B
Combined PEDC Participation Percentage
Phase I
City Bond $ 3,800,000
PEDC $ 564,000
Park Funds $ 110,000
Total $ 4,474,000
Phase II
PEDC $ 17,600,000
Total PEDC Funding $ 22,074,000
Combined PEDC
Participation Percentage 82%
7
Exhibit C
Capital Equipment
8
Hickory Slough Sportsplex
One-time Capital Expenditures
Capital Items Estimated Cost
F250 Crew Cab $ 44,500
Trailer $ 9,650
Utility Vehicle $ 9,789
Wide area field mower $ 75,000
Zero turn mower(2) $ 25,800
Artificial turf line remover $ 3,056
Turf Tank $ 55,000
Cell Phone -3 $ 900
pad $ 785
Laptop Computer $ 1,902
Desk Phone-2 $ 1,100
Minor Tools and Equipment $ 2,800
Office Desk $ 911
Office Chair- 3 $ 450
Maintenance Building Desk $ 911
Lockers $ 5,000
Maintenance Building Trash Can $ 160
Refndgerator $ 1,000
Printer $ 360
Microwave $ 310
Coffee Maker $ 66
Synthetic turf groomer and magnet $ 8,700
Ground Driven Lely Spreader $ 6,825
Turf Roller $ 5,245
Ride on spreader/sprayer $ 11,049
Jr. Sod Cutter $ 5,539
Medical Cabinet and Eye Wash station $ 1,200
Standard Flammable storage cabinet $ 1,260
Standard size Chemical cabinet $ 1,580
Universal spill kit $ 475
Bulk Storage Steel shelving (2) $ 1,220
Workstation $ 735
Pallet jack $ 405
Lawn mower lift $ 403
ANNUAL TOTAL $ 284,086
Exhibit D
Maintenance and Operations Cost
9
Hickory Slough Sportsplex Estimated for 12 total fields
Annual Operations and Maintenance Costs
Parks & Recreation Level of Service Estimated
Annual Cost Notes
1 Crew Leader $ 71,658 Salary& benefits
3 Park Maintenance Workers $ 165,976 Salary& benefits
Overtime $ 15,000 Weekend coverage and possible tournaments)
Athletic Field Attendants (2 PT) $ 30,430 5.5 hours per night x 7
Athletic Programmer $ 15,868 ( 33 of Salary& benefits)
Athletic Coordinator $ 10,432 ( 2 of Salary& benefits)
Uniforms $ 2,200
Mulch $ 2,000
Irrigation Inspection Contract $ 5,000
Irrigation Wireless Fee $ 180 12 months x $15/month
Broadcast Ant Treatment $ 2,000
Top Dressing Sand $ 30,000
Preemergent $ 5,184 96 bags x 3times/year
Herbicides $ 1,000 staff applied
Contractual Fertilizer $ 27,200
Contractual Herbicide $ 20,990
Soil Tests $ 600
toilet paper, urinal cakes, soap, cleaning supplies,
Janitorial $ 4,000 etc
Utilities (Electrical) $ 20,000
Fuel $ 500
Fleet Lease (Truck replacement) $ 5,500
Small Handled Equipment replacement $ 1,200 average of 2/year on cycle
Shop supplies, replacement tools, blades, filters, oil,
Consumables $ 5,000 etc
First Aid restock $ 200
Personal Protective Equipment(PPE) $ 500
Field Paint $ 6,000
Turf Tank Annual Service $ 2,000 .5 to share with SCR (3,999 annual)
Fire Alarm Service Contract $ 500 % to cover sprinkled buildings - Facilities
HVAC Service Contract $ 3,000 % to cover maintenance building - Facilities
Janitorial Contract $ 10,200
Grease Trap Cleaning $ 1,000 Annual service
Electrical Repairs $ 3,000 estimated repairs utilizing City contract
ANNUAL TOTAL $ 468,318
Exhibit E
Project Improvements
to
MASTER PLAN PH II - OVERALL -------- - - ---
LEGEND
0 SHADE TREES
0 ORNAMENTAL TREES -- HuGHEs RANCH ROAD_____._7-1=1,---- 01=1 ,..--(E..._.7......_;_____ 11.11111 .Th-- '-a.Z.7;roilt 1
0 SHRUBS & GROUNDCOVER
0 PLAYGROUND AREA • • • • • ••• • • 'j
®PICNIC AREA • • • • : '�" ' �?�5�' — O .. .. ••. ,. •
. • .... .. • - . . .. 1 � �.
SIDEWALK PH II q� !i 0 114 1 "WI . " .A" j' !ii '1
"jr
ORETAINING WALL AT FIRE LANE . — 1 Ni
.-t4;, ,
E•L4r
FIELD LIGHTING ,4 • " M" _ _N =i.
0 ..H---,,.:1.x<2
MAINTENANCE BUILDING r •13i :io;' _
r
MULTI-PURPOSE FIELD -
• ' - ' ' :i Ai,. ____ ._ . oil I 1
®SOD FARM ''�_-17,- ►!+ C
NEW CONCESSION I I• • 1MIRMEN 1
i
i F
eNEW RESTROOM 0 0 •• i I ,
(DSTAIRS l
�i
NEW SIDEWALK PH I Ii. .
NICK ?- -- : ,,,,,.,..,_ . .00..,,,, iit..-., , ,,..< , „_
4:1)EXISTING BUILDING - , -
'._,
AGATE ENTRANCE wed
SHADE STRUCTURE AT PICNIC TABLE
HALFF ASSOCIATES 15
MASTER PLAN PH II - ENLARGEMENTS
_______---------
_.. . .- -_,--!.... .-_.___.— .7----r------.__-----.- -..,..._„,_ - ----- ----------- ------r--,-../-L-M,-,a.n
7.,...;, -•••7 7 ,__ ,....." ...= cri.
MINI
1 1
, .
• . , - . ' j ,. i '
• • 4 . -
. .. .. ,,ve”...4...''...........,. ....... .., .:.
...... ed---}+{+R+++1H--144
: PLAYGROUND
- •-)„, Ii.pe.1- .
, 7 V ....i • 04 i .-
T-- 1 1 r- ' , •. .
• . . ,,.. ;
i 1 . -4.-
I ,
. 0
r 4 '
I ..F • t _ .
.• • .0 I. , ' '
1 r I I . 4.s.. I. li '-'•':_,- :`.''.;'i . .
. 1 -...-.4
i 1 1 CIP
104 %.040 h.1 %,
— .. : , IA-- • vor.
41K
I I I II \ ,-., .1' • ..
I -V Iii-hi 4 1
'•. ....... '';
•• -11':• i , . - /Ili MIME ,',,:i 1 , , ,., * : , . - ik
. ;
I : . ' • i. rig Iii ,-
• WXI IN Ell '''": tit . %
.. ' 0 fir - • -
ild ' i S., IMO VI
a '• • S
I • . 100.: P-tr. . ,, tv, _ i .
kila f
. .•
II ilillli 11's • 1 /
i 1
7.
li
1 :,...,:. ...• .1 al "?.:. t
.4.11=11 i L 1'•ir,,,z.t.,,........
a • •I '',1"!'.4.1, wnp*Ii 11 •
110 1 1111r:
--.''''42.1-‘,••‘' .. 1041101"
44 40
. ..-...,41.„- .. • li - , ' • - ,,
.To-
In mil ,
IMME111.1 Rik
Ell 1 elm) rmiv :117.46:11 piv, . 7.;
, .,
E ,
E ..
. . •
• i... ),,. iftetit• „. m-
Allit..11101 1111111 -
mihN
• 1
•
MIS ..... oril .
Non am
_ T_
• WNW
, • . . VIIP00",
_.......0111 _
.. , .
, 4104.10,
16
PEARLAND HICKORY SLOUGH SPORTSPLEX - PEARLAND, TX