R2006-191 11-13-06
RESOLUTION NO. R2006-191
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 MAVERICK
GROUP.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland and The
Maverick Group, 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 an Agreement with The Maverick Group.
PASSED, APPROVED and ADOPTED this the 13th day of November, A.D., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
a~ . dsL---
DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-191
11113106
DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R-2006-)
This Agreement is entered into this /:]-1,1 day of tJ;1IljtIj~Y' ,2006, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and THE MAVERICK
GROUP, LLP, (hereinafter "Developer").
WHEREAS, Developer plans to construct a planned unit development consisting of town
home, office professional, and retail uses to be known as Province Village (hereinafter
"PV"), which will be served by the City's sanitary sewer system; and
WHEREAS, Developer plans to construct a sanitary sewer lift station with a capacity to
serve 141 connections in PV, but the City has requested that Developer construct a lift
station with the capacity to serve 293 connections (hereinafter "Improvements"), and to
dedicate said Improvements to the City for operation and maintenance; and
WHEREAS, City, pursuant to Resolution No. R2006-dL, desires to cooperate with
Developer to provide the Improvements to, and at the same time, increase and improve the
City's capacity to serve other properties in the vicinity of PV; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing the Improvements to PV.
W!INESSEIH:
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. Developer shall install the Improvements in accordance with the specifications
contained in Exhibit "A" attached hereto. The estimated cost for the Improvements
to serve PV is $286,231. The estimated cost for the Improvements requested by the
City is estimated to be $358,237. Therefore, the total estimated cost to be
reimbursed by City to Developer is $72,006 (hereinafter "City's Cost").
Reimbursement shall be made in accordance with Section 4 of this Agreement.
2. Upon approval of the plans and specifications by the City, Developer's engineers
will obtain competitive line item bids in accordance with Local Government Code
Chapter 252 for the construction of the Improvements in accordance with the plans
and specifications. Developer and the City will review the bids and Developer will
award a contract to the successful bidder. City reserves the right to reject any and
all bids for the construction of the City Improvements within ten (10) days following
submission to the City for review, following the expiration of which the bids selected
1
by Developer shall be deemed approved by the City.
3. Following approval of the bids by the City, Developer shall cause construction ofthe
Improvements to commence on or before the date two (2) weeks following the later
of such approval, and shall cause the Improvements to be completed in accordance
with the plans and specifications within a reasonable period of time. If Developer
shall fail to cause construction to commence by the aforementioned date, and
following thirty (30) days' written notice to Developer, the City shall have the right to
terminate this Agreement. Developer's engineer and the City Engineer or his
designee shall monitor the progress and workmanship of the contractor. Developer
shall advance the funds necessary to pay the contractor for the work performed.
Developer shall cause the City to be named as an additional obligee under any
performance bond obtained by Developer to secure the construction of the
Improvements.
4. The City will reimburse Developer for the City's Cost within thirty (30) days following
acceptance of the Improvements by the City and evidence of paid invoices, or after
October 1,2007, which ever occurs later. Provided, however, that the City shall not
be obligated to reimburse Developer for more than 105% of the City Cost, unless
the City Council shall approve such an increase.
5. The Improvements shall be inspected, accepted, maintained and warranted by the
parties, as applicable, in accordance with Sections 3.1.8.5 and 3.1.8.6 of the City's
Unified Development Code [the "UDC"].
6. The initial term of this Agreement shall e for a period of eighteen (18) months,
commencing on the J1..!{ day of /,/ V', 2006, and terminating on the~ day
of h1~~ ,2008, provided, however, that this Agreement shall be automatically
renewed In one (1) month Increments until all of the obligations of the parties
hereunder have been fully discharged or specifically waived in writing by the
beneficiary thereof.
7. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
9. 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.
10. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
11. Whenever possible, each provision of this Agreement shall be interpreted in such
2
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.
12. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
13. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
14. 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
NEGLIGENT DESIGN 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. THE PROVISIONS OF THIS SECTION SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT.
15. 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 NEGLIGENT DESIGN BY
DEVELOPER, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS 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. THE PROVISIONS OF THIS
SECTION SHALL EXPIRE CONCURRENTLY WITH THE TWO (2) YEAR
MAINTENANCE AND WARRANTY PERIOD SET FORTH IN SECTION 3.1.8.6(b)
OF THE UDC.
16. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
17. 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
3
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: Bill Eisen
3519 Liberty Drive
Pearland, TX 77581
If to Developer:
The Maverick Group, LLP
7755 South Commerce Ave
Baton Rouge, LA 70815
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.
THE MAVERICK GROUP, LLP
BY~
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Name:
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CITY OF PEARLAND,
::exa;;;;zation
Bill Eisen,
City Manager
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STATE OF LOUISIANA 9
9
PARISH 9
This instrument was acknowledged before me on this J!11lY day
ofjJ())~i3E2- , 2006, by ."JOH-t-{ \::.'i::L-Li of
Maverick Group LLP, a Louisiana limited liability partnership, on behalf of said limited
partnership.
Notary PUblic~tu
My Commission Expires:
. .
Notary Public
ID # 59733
Commissionedfor LIFE
BRAZORIA COUNTY
9
9
9
STATE OF TEXAS
This instrument was acknowledged before me on this J L/ f ~ day
orN () ~ e fv-,J) {' y , 2006, by Bill Eisen, City Manager of the City of Pearland, a
Texas home rule municipality, on behalf of said municipality.
Notary Public, State ofTexas ~':> (l...::l {j,~
My Commission Expires: D d -0 q ~ &.0 ) ()
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EXHIBIT
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LJA ENGINEERING AND SURVEYING, INC.
PROVINCE VILLAGE LIFT STAnON
ESTIMATE OF PROPOSED CONSTRUCTION COST
293 Connections
(Serving Province Village & Clear Creek Park)
ITEM UNIT QUANlITY UNIT PRICE TOTAL
SITE WORK LS 1 $35,000.00 $35,000.00
STRUCTURE ( 6' DIA. 24' DEEP ) LS 1 5120,000.00 $120.000.00
PUMPS (1lJhp, 257gpm) EA 2 $15,000.00 $30.000.00
VALVE, FITTINGS & PIPE LS 1 $38,000.00 $36,000.00
B.ECfRlCAL LS 1 $36,000.00 $36,000.00
FORCaWN (4' LF 614 $15.00 $9,210.00
DEWATERING LS 1 $10,000.00 510,000.00
10" PVC GRAVITY SANITARY SEWER LF 870 $45.00 $39,150.00
12" PVC GRAVITY SANITARY SEWER LF 42 $55.00 $2,310.00
SANITARY SEWER MAMiOLE EA 4 $2.000.00 $8,000.00
TOTAL $325,670.00
10%CONT. $32,567.00
PROJECT TOTAL $358,237.00
. Sh:e lhe ENGINEER has no confml _111ft/XIS! of 1lIIIor. IlIlIteIiaIs, or equipment. a os !he CllI1Dclor(S) rneI10ds of
determining prices, or _ CClIl'IpelIlMt bidd~ cr martel COIldIIonI. his opQan&.Of pt0b8b1e Prllj8cl cost or CcnslrudiOll OIat
paWded for henlin....1Il be mllde 0lI1he... ofhlll eJqJeIiellce andqualil'lClIIIors and.............. bi$ bestptgrnent lIS II
dElsign ~ """r wIIh lhe CillIIlIlJucIDn Jndue;by. bI.C ENGINEER C8l11lC1tand doesl1lll.-nIN IhaI pIOpOSlIIe, bicI$
or the Cotlslndon Cost MInot -V fRm oPlnklna of probable COllI. JlRlPMId "l1tm
REVISED
11nJ2006
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