R2002-0193 12-09-02 RESOLUTION NO. R2002-193
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 SHADOW CREEK
RANCH DEVELOPMENT COMPANY LIMITED PARTNERSHIP FOR THE
OVERSlZING OF SEWER MAINS ALONG KIRBY DRIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain development agreement by and between the City of
Pearland and Shadow Creek Ranch Development Company Limited Partnership, 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 Shadow Creek Ranch
Development Company Limited Partnership, for the oversizing of sewer mains along Kirby
Drive.
PASSED, APPROVED and ADOPTED this the 9th
A.D.,2002.
ATTEST:
/~(~ U N C~/~N'G ~'
Y SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
~dayof December
MAYOR
Exhibit "A" EXHIBIT
R2002-193
DEVELOPMENT AGREEMENT
(for Remaining Kirby Drive Sanitary Sewer)
This Agreement is entered into this ~flq' day of~e~,~, 2002, by and between the
CITY OF PEARLAND, TEXAS (hereinafter the "City"), and SHADOW CREEK RANCH
DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a Nevada limited partnership
(hereinafter the "Developer").
WHEREAS, the City consented to the creation of up to six In-City Municipal Utility
Districts on February 12, 2001, and the Developer desires to develop property located in
proposed Brazoria County Municipal Utility District No. 26 (the "District"); and
WHEREAS, the Developer plans to construct a sanitary sewer line and appurtenances
necessary for the City to provide sanitary sewer service to the District (the "Facilities") and to
dedicate said Facilities to the City for operation and maintenance; and
WHEREAS, the City desires to~ cooperate with the Developer to provide sanitary sewer
service to the District, and at the same time, increase and improve the City's capacity to serve
other properties in the vicinity of the District which requires off-site and onsite oversizing; and
WHEREAS, the City and the Developer desire an agreement to set forth their respective
responsibilities with regard to providing sanitary sewer service to the District.
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:
The Facilities needed to serve the Developer's requirements for the District are shown in
the attached Exhibit "A."
To serve additional tracts, the City has requested that the Developer oversize the
Facilities.
The estimated costs for the Facilities to serve the Developer's requirements are
$187,482.67. The estimated costs for the Facilities as requested by the City are
$350,656.13. The total estimated oversizing cost to be reimbursed by the City to the
Developer is $163,173.46 as described in Exhibits "B, C, and D." Upon completion of
the project, actual costs will be accounted and reported to the City. Actual oversizing
reimbursement shall not exceed the total estimated oversizing cost by more than 5%
without prior approval of the City.
The Developer will cause its engineers, reasonably approved by the City, to prepare plans
and specifications for the construction of the Facilities desired by the City.
The bid specifications shall require each bidder to reflect the difference in the cost of
constructing the Facilities as reflected in the plans and specifications and the cost which
Agreement ~or Kirby Drive San Sew
o
10.
II.
12.
13.
14.
would have been incurred had the Facilities been constructed to the size required by the
Developer.
Upon approval of the plans and specifications by the City, the Developer's engineers will
obtain competitive line item bids in accordance with Chapter 252 of the Local
Government Code for the construction of the Facilities in accordance with the plans and
specifications. The bids will be reviewed by the Developer and the City and a contract
will be awarded to the successful bidder by the Developer. The City reserves the right to
reject any and all' bids for the construction of the Facilities.
Upon approval of the bids by 'the City, the Developer shall cause the work to be
completed in accordance with the plans and specifications. The Developer's engineer
and the City Engineer or designee shall monitor the progress and workmanship of the
contractor. The Developer shall advance the funds necessary to pay the contractor for the
work performed.
The City will reimburse the Developer, as defined in Paragraph 3, within 30 days after
acceptance of the improvements by the City and evidence of paid invoices.
The initial term of this Agreement shall be for a period of one year, commencing on the
date on which the Agreement is entered into, as mentioned above. Upon the expiration of
the initial term, this Agreement may be automatically renewed in one year increments
contingent upon need and the necessary funds being appropriated for said project in
accordance with the City's annual budgeting process.
This agreement may only be amended, modified, or supplemented by written agreement
and signed by both parties.
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.
Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
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.
This agreement shall be construed and enforced in accordance with and governed by the
laws of the State of Texas.
Agreement for Kirb.~ Drive San Sexx
15.
16.
17.
18.
This agreement and all obligations created hereunder shall be performable in Brazoria
County, Texas.
Resolution No. ~Ogp,- /q_~gis incorporated herein and made a part of this Development
Agreement for all purposes.
To accomplish execution of this agreement, it may be executed in multiple counterparts.
THE 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, ITS 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.
[EXECUTION PAGE FOLLOWS]
Agreement for Kirb? Drive San Se~
IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures on the
date first above mentioned.
SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP,
a Nevada limited partnership
By:
SHADOW CREEK RANCH, INC.,
a Nevada corporation, its general partner
-'-Gar~ok, President
ATTEST:
lty ~54cretary
CITY OF PEARLAND,
a Texas municipal corporation
Bill Eisen
City Manager
Agreement for Kirb~ Drive San Sew
30"
12'
24'
15'
SHADOW CREEK RANCH
VILLAGE IPHASE 21]
(EXHIBIT "B")
15"
C.R. 92
LEGEND
[] SIZES FOR SHADOW CREEK RANCH
OVERSIZE FOR CITY
SHADOW CREEK RANCH
VILLAGE IPHASE 2C
(EXHIBIT "C')
SHADOW CREEK RANCH
VILLAGE IPHASE 2E
(EXHIBIT "D')
EXHIBIT "A"
SHADOW CREEK RANCH
MASTER PLAN
SANITARY SEWER SYSTEM
LdA Eng~eedng & 8wvey~ Inc. ~J/
29~9 8r'lor~.or'k Or lye P~one 113. 953.5ZO0
Suite 600 FOx 713. 953. 5026
HOUStOn, Tex~s 7704~'370~
EXHIBIT
DEVELOPMENT AGREEMENT
(for Remaining Kirby Drive Sanitary Sewer)
This Agreement is entered into this day of
CITY OF PEARLAND, TEXAS (hereinafter the "City"), and
DEVELOPMENT COMPANY LIMITED PARTNERSHIP, a
(hereinafter the "Developer").
b
a
!,
, 2002, by and between the
SHADOW CREEK RANCH
Nevada limited partnership
WHEREAS, the City consented to the creation of up to six In -City Municipal Utility
' p
Di
stricts on February 12, 2001, and the Developer desires to develop property located in
proposed Brazoria County Municipal Utility District No. 26 (the "District"); and
WHEREAS, the Developer plans to construct a sanitary sewer line and appurtenances
necessary for the City to provide sanitary sewer service to the District (the "Facilities") and to
dedicate said Facilities to the City for operation and maintenance; and
WHEREAS, the City desires to cooperate with the Developer to provide sanitary sewer
service to the District, and at the same time, increase and improve the City's capacity to serve
other properties in the vicinity of the District which requires off -site and onsite oversizing; ; and
WHEREAS, the City and the Developer desire an agreement to set forth their respective
responsibilities with regard to providing sanitary sewer service to the District.
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. The Facilities needed to serve the Developer's requirements for the District are shown in
the attached Exhibit "A."
2. To serve additional tracts, the City has requested that the Developer oversize the
Facilities.
3. The estimated costs for the Facilities to serve the Developer's requirements are
$187,482.67. The estimated costs for the Facilities as requested by the City are
$350,656.13. The total estimated oversizing cost to be reimbursed by the City to the
Developer is $163,173.46 as described in Exhibits "B, C, and D." Upon completion of
the project, actual costs will be accounted and reported to the City. Actual oversizing
reimbursement shall not exceed the total estimated oversizing cost by more than 5%
without prior approval of the City.
4. The Developer will cause its engineers, reasonably approved by the City, to prepare plans
and specifications for the construction of the Facilities desired by the City.
5, The bid specifications shall require each bidder to reflect the difference in the cost of
constructing the Facilities as reflected in the plans and specifications and the cost which
Agreement for Kirby Drive San Sew
would have been incurred had the Facilities been constructed to the size required by the
Developer.
6. Upon approval of the plans and specifications by the City, the Developer's engineers will
obtain competitive line item bids in accordance with Chapter 252 of the Local
Government Code for the construction of the Facilities in accordance with the plans and
specifications. The bids will be reviewed by the Developer and the City and a contract
will be awarded to the successful bidder by the Developer. The City reserves the right to
reject any and all bids for the construction of the Facilities.
7 Upon approval of the bids by the City, the Developer shall cause the work to be
completed in accordance with the plans and specifications. The Developer's engineer
and the City Engineer or designee shall monitor the progress and workmanship of the
contractor. The Developer shall advance the funds necessary to pay the contractor for the
work performed.
8. The City will reimburse the Developer, as defined in Paragraph 3, within 30 days after
acceptance of the improvements by the City and evidence of paid invoices.
9. The initial term of this Agreement shall be for a period of one year, commencing on the
date on which the Agreement is entered into, as mentioned above. Upon the expiration of
the initial term, this Agreement may be automatically renewed in one 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 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 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.
14. This agreement shall be construed and enforced in accordance with and governed by the
laws of the State of Texas.
Agreement for Kirby Drive San Sew
15. This agreement and all obligations created hereunder shall be performable in Brazoria
County, Texas.
16. Resolution No. is incorporated herein and made a part of this Development
Agreement for all purposes.
17. To accomplish execution of this agreement, it may be executed in multiple counterparts.
18. THE 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, ITS 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.
[EXECUTION PAGE FOLLOWS]
Agreement for Kirby Drive San Sew
to
CLEAR
CRfEK
C.R. 92
LEGEND
SJ7FS FOR SHADOW CREEK RANCH
0 OVERSIZE FOR CITY
2'
SHADOW CREEK RANCH
VILLAGE !PHASE 2B
(EXHIBIT "B")
SHADOW CREEK RANCH
VILLAGE !PHASE 2C
(EXHIBIT "C")
SHADOW CREEK RANCH
VILLAGE !PHASE 2E
(EXHIBIT "D")
sO
GO
SCAt It i+rxr
EXHIBIT "A"
SHADOW CREEK RANCH
MASTER PLAN
SANITARY SEWER SYSTEM
LJA Engineering & Surveying, Inc. jai
2929 erlorcerk Drive
Suite 600
Houston, Texos 77042-3703
EXHIBIT NO, JOB NO.
Phone 713.953.5200
Fax 713. 953. 5026
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IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures on the
date first above mentioned.
SHADOW CREEK RANCH DEVELOPMENT
COMPANY LIMITED PARTNERSHIP,
a Nevada limited partnership
By: SHADOW CREEK RANCH, INC.,
a Nevada corporation, its general partner
By:
Gary Cook, President
ATTEST: CITY OF PEARLAND,
a Texas municipal corporation
Young Lorfing
City Secretary
Bill Eisen
City Manager
Agreement for Kirby Drive San Sew