HomeMy WebLinkAboutR2025-110 20250825RESOLUTION NO. R2025-110
A Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an Memorandum of Understanding (“MOU”) with the Keep
Pearland Beautiful (“KPB”) associated with the development and maintenance
of the Yard Wise Garden Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain MOU by and between the City of Pearland and
KPB, 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 MOU with KPB.
PASSED, APPROVED and ADOPTED this the 25th day of August, A.D., 2025.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF PEARLAND AND
KEEP PEARLAND BEAUTIFUL
This Memorandum of Understanding (“MOU”) is dated and effective as of the day
signed by the parties hereto, which are the CITY OF PEARLAND, TEXAS, acting by and
through its Director of Parks and Recreation, (City) and KEEP PEARLAND BEAUTIFUL, acting
by and through its Executive Director, (KPB).
RECITALS
WHEREAS, the City and KPB both recognize the importance of fostering community
involvement in environmental stewardship and sustainability practices; and
WHEREAS, the City’s vision for Pearland is to be a thriving and healthy community
that actively conserves and protects natural resources while engaging residents in
meaningful public spaces; and
WHEREAS, the City’s Parks and Recreation Department is committed to developing
programs and facilities that enhance quality of life through community greening and
education; and
WHEREAS, one of City’s goals is to partner with local organizations to create public
amenities that model environmental best practices; and
WHEREAS, KPB is dedicated to inspiring and educating the Pearland community to
take responsibility for improving their environment and has a long-standing history of
successful collaborations with the City; and
WHEREAS, the City and KPB desire to jointly cooperate in the design, construction,
and maintenance of a Yard Wise Garden for the beneflt of the Pearland Community.
NOW THEREFORE, the City and KPB agree as follows:
I.PURPOSE
The purpose of this MOU is to establish the terms and conditions under which KPB will
design, construct, and maintain improvements to the Yard Wise Garden (“Improvements”)
on property owned by the City. The Improvements will serve as a public educational
resource promoting community greening and low-maintenance landscaping practices that
conserve and protect natural resources and the environment.
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
II.DEVELOPMENT OF THE IMPROVEMENTS
a.The City shall allow KPB to use, maintain, and manage the area designated in
Exhibit A at the John Hargrove Environmental Complex for the construction,
maintenance, and programming associated with the Improvements.
b.The design and construction of the Improvements shall be in accordance with
plans approved by the City’s Director of Parks & Recreation refiected in Exhibit B.
c.Timing of Improvements:
The project will commence no later than August 26th, 2025 and shall be
completed within six (6) months from the flrst day of construction, unless
otherwise agreed upon in writing by both parties.
d.Inspection of project will comply with standard practice of permit requirements
and Parks and Recreation Director’s designee for irrigation and progress.
e.Right of Access:
The City grants KPB a non-exclusive right of access to the John Hargrove
Environmental Complex as more particularly described in Appendix A for the
purpose of constructing, maintaining, and carrying out the educational
programming associated with the Improvements.
III.MAINTENANCE OF THE IMPROVEMENTS
The Parties agree that maintenance of the Improvements shall be as refiected in the
following table:
Amenity Description Maintenance
Responsibility
Frequency / Guidelines
Turf care shrubs,
landscaping,
open space
KPB KBP shall maintain the Yard
Wise Garden to include turf
care, fertilization, trash/litter
pick up, pruning, trimming,
planting, disease and insect
inspection and prevention,
and sweeping or blowing of
walkways, seating and
structures. Maintenance
shall be performed in a
professional manner
consistent with the City of
Pearland standards for
Corridor Overlay Districts.
Such responsibility shall
include bearing all costs for
such required maintenance.
KPB shall visually inspect
site grounds, irrigation,
signage, benches, and
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structures to ensure
compliance, safety, and
proper operations and shall
report all issues / concerns
to City timely.
Edible Trail
Extension
Harvestable
landscaping to
include plants
identifled in
APPENDIX A or
future plant
reviews by the
City.
KPB/City KPB shall water, fertilize,
prune, weed, and provide
disease control. City will
replace trees as needed as
determined by the Director
of Parks & Recreation.
Irrigation,
Irrigation
meter,
backfiow,
controller
Irrigation
installed with
improvements
shall include
irrigation
controller, which
shall be an
independent
Weather Track
controller, or
acceptable
substitute, with a
2-wire system.
All irrigation
sprinkler heads
shall be Hunter
heads
appropriately
nozzled for site.
Backfiow
preventer or tap
into existing
irrigation system
shall meet the
City requirement
KPB/City City shall pay for all water
bills associated with
irrigation / watering of the
Yard Wise Garden. City shall
have the ability to schedule
watering as desired. KPB
shall provide assistance
with monitoring and will
request service or schedule
changes as needed. KPB
shall use commercially
reasonable efforts to
communicate to the
appropriate person within
the Parks & Recreation
Department on issues that
may arise with the irrigation
system. After expiration of
warranty, repairs and freeze
protection to the irrigation
system will be completed by
City.
Drainage Site drainage KPB shall maintain the
drainage components within
the exhibit to allow for
proper surface und
subsurface fiow. This
includes repairing,
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
replacing, or adding when a
drainage concern may arise
from entry to exit.
Interpretive
Signage
KPB shall repair / replace
interpretive signage as
needed determined by the
Director of Parks &
Recreation.
a.In times of drought, KPB shall adhere to City-enforced watering restrictions. The
garden design will incorporate drought-tolerant species to minimize the need for
irrigation and to ensure plant survivability during drought conditions.
b.In the event that KPB fails to maintain the Improvements according to the
agreed-upon standards:
i.The City will issue a written notice outlining deflciencies.
ii.KPB shall have 30 calendar days to correct the deflciencies or inform the
City of any challenges to allow the completion of deflciencies within 30
calendar days.
iii.If deflciencies are not corrected within this period, the City reserves the
right to perform corrective maintenance and recover costs from KPB or
terminate the agreement.
IV.OPERATIONS
a.Hours of Operation:
Construction and maintenance activities must occur during normal park
operating hours (sunrise to sunset), and in accordance with all park rules and
noise ordinances.
b.The garden will remain open to the public during regular park hours.
c.All visitors shall comply with existing park rules. KPB will be responsible for
placing educational signage to promote respectful use of the space.
d.To ensure planned programs and events do not confiict with activities scheduled
at the Delores Fenwick Nature Center, requests to host programs and events at
the Yard Wise Garden shall be submitted to the City by KPB up to 6months in
advance but not less than one week before the requested date. Requests shall
be submitted to the City’s Natural Resources Manager or his/her designee. City
will make all reasonable efforts to accommodate KPB requests, however all
requests shall be subject to availability.
V.FINANCIAL ARRANGEMENT
a.KPB agrees to pay all costs of designing, constructing, and maintaining the
Improvements
b.City agrees to reimburse KPB 50% of the actual construction costs, not to
exceed $75,000, upon successful completion and acceptance of the
Improvements by the City.
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VI.INSURANCE REQUIREMENTS
a.General Requirements:
KPB shall procure and maintain in full force and effect such insurances as is
required by the MOU. Policies of insurance shall be written by companies
authorized to write such insurance in the State of Texas and be on forms properly
flled and approved by the State of Texas. KPB shall furnish and deliver the
certiflcate of insurance to City prior to the start of any construction. Updated
certiflcate of insurance shall be submitted to City annually by the 31st day of
January.
b.Liability Insurance:
KPB shall obtain the following insurance policies:
Commercial General Liability. A commercial general liability insurance policy
with combined limits of liability for bodily injury or property damage as follows
(requirements are shown as listed on a standard form certiflcate of insurance):
$1,000,000 Per Occurrence
$1,000,000 Policy Aggregate
$1,000,000 Personal and Advertising Injury
The policy of insurance must include coverages for all activities performed by
KPB and shall speciflcally insure the hold harmless provisions of this MOU. The
insurance required by this paragraph shall provide coverage for the entire
duration of the MOU and all associated activities conducted by KPB by and
through this MOU. CITY OF PEARLAND SHALL BE NAMED AN ADDITIONAL
INSURED AND KPB SHALL PROVIDE CITY WITH AN ADDITIONAL INSURED
ENDORSMENT CERTIFICATE AND INCLUDE A WAIVER OF SUBROGATION
ENDORSEMENT IN FAVOR OF THE CITY for the General Liability.
KPB will assume all risks of injury to person and damage to or loss of property
arising out of an incident in any way to the above mentioned activities, and
agrees to hold harmless the City, including but not limited to any of its agents,
officers or employees, in both their private and public capacities, from and
against any and all damages, costs, expenses and attorney’s fees for all claims
and suits, including but not limited to claims for death, personal injury and
property damage, for any accident or injury related to the use of the YardWise
Garden.
VII.GOVERNANCE
a.Annual Review:
The Parties agree to meet annually in January to review the project status,
address any concerns, and update maintenance plans as needed.
b.Amendments and Modiflcations:
This MOU may be modifled at any time by mutual written agreement of both
parties, particularly to respond to changing circumstances, environmental
considerations, or City ordinance updates.
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VIII.TERM
This MOU shall be effective upon execution by both parties and shall remain in
effect for 10years, unless terminated by either party with ninety (90) days written
notice. In the event of termination, the City shall determine the disposition of the
garden and any related infrastructure. If KPB requests to terminate the agreement
within the initial ten (10) year term, KPB shall reimburse City for the City’s $75,000
contribution to the project.
IX.SIGNATURES
City of Pearland Keep Pearland Beautiful
By (Sign): _________________________By (Sign): _______________________
Name: ___________________________Name: _________________________
Title: ____________________________Title: ___________________________
Date: ___________________________Date: ___________________________
Adrian Hernandez
CEO
August 8, 2025
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
8/26/2025 | 10:48 AM CDT
City Manager
Trent Epperson
ATTEST:
By (Sign): ______________________
Name: _________________________
Title: ___________________________
Date: ___________________________
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
8/26/2025 | 8:18 AM CDT
City Secretary
Frances Aguilar
YardWise Garden
EXHIBIT ADocusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
EXHIBIT B
YardWise Garden Plans
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone A
ZONE NO NAME QUANTITY
A 1 Zone A
A 2 Beebalm 10
A 3 Big Bluestem 6
A 4 Bluebonnet 20
A 5 Butterflyweed 5
A 6 Cowpen Daisy 20
A 7 Eastern Gamagrass 6
A 8 Gayfeather 10
A 9 Goldenrod 15
A 10 Gulf Coast Muhly 10
A 11 Indian Blanket 12
A 12 Indian Grass 6
A 13 Liatris 12
A 14 Lizard's Tail 12
A 15 Maximilian Sunflower 20
A 15 Mexican Hat 20
A 17 Pink Evening Primrose 12
A 18 Pink Showy Primrose 12
A 19 Prairie Verbena 20
A 20 Sage 4
A 21 Senna 12
A 22 Side Oats Grama 6
A 23 Texas Betony 12
A 24 Texas Lantana 5
A 25 Yarrow (Aster) 12
A 26 Zinnia (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone B
B 1 Zone B
B 2 American Basketflower 20
B 3 Beebalm 20
B 4 Lyre-leaf Sage 3
B 5 Lindheimer Muhly 8
B 6 Salvia greggii 12
B 7 Shrimp Plant 8
B 8 Snow-on-the-prairie 20
B 9 Twisted-leaf Yucca 3
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone C
C 1 Zone C
C 2 American Beautyberry 3
C 3 Big Bluestem 8
C 4 Black-eyed Susan 20
C 5 Chile Pequin 8
C 6 Cinnamon Clematis 2
C 7 Maximilian Sunflower 20
C 8 Rosemary (Mint) 20
C 9 Texas Lantana 12
C 10 Yarrow (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone D
D 1 Zone D
D 2 Barbados Cherry 8
D 3 Black-eyed Susan 20
D 4 Maximilian Sunflower 20
D 5 Pink Evening Primrose 20
D 6 Redbud 1
D 7 Yarrow (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone E
E 1 Zone E
E 2 Coneflower (Yellow) 8
E 3 Coreopsis (Aster) 10
E 4 Dill (Carrot) 12
E 5 Eastern Gamagrass 6
E 6 Gulf Coast Muhly 6
E 7 Yarrow (Aster) 15
E 8 Zinnia (Aster) 15
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone F
F 1 Zone F
F 2 Beebalm 8
F 3 Coreopsis (Aster) 20
F 4 Dill (Carrot) 12
F 5 Fennegreek (Mint) 8
F 6 Fragrant Sumac 1
F 7 Frog Fruit 20
F 8 Gulf Coast Muhly 6
F 9 Mustang Grape 1
F 10 Oregano (Mint) 20
F 11 Zinnia (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone G
G 1 Zone G
G 2 Beebalm 20
G 3 Coreopsis (Aster) 30
G 4 Dill (Carrot) 20
G 5 Fennegreek (Mint) 12
G 6 Fragrant Sumac 1
G 7 Gulf Coast Muhly 25
G 8 Yarrow (Aster) 20
G 9 Zinnia (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone H
H 1 Zone H
H 2 American Basketflower 20
H 3 Basin Wildrye 8
H 4 Calylophus
H 5 Carolina Elephant Foot 8
H 6 Coralbean 3
H 7 Firebush 6
H 8 Gulf Coast Muhly 15
H 9 Horseherb 20
H 10 Kidneywood 2
H 11 Lyre-leaf Sage 1
H 12 Milkweed 25
H 13 Prairie Verbena 20
H 14 Sandyland Bluebell 12
H 15 Slimleaf Scurfpea 12
H 16 Spiderwort 12
H 17 Turk's Cap 8
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone I
I 1 Zone I
I 2 Big Bluestem 20
I 3 Maximilian Sunflower 12
I 4 Purple Thistle 20
I 5 Rock Rose 12
I 6 Skullcap 12
I 7 Splitbeard Bluestem 20
I 8 Winecup 25
I 9 Yarrow (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone J
J 1 Zone J
J 2 Blue Mistflower 8
J 3 Lavender (Mint) 10
J 4 Mint 8
J 5 Queen Anne's Lace (Carrot) 12
J 6 Rue 12
J 7 Woodfern 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone K
K 1 Zone K
K 2 Butterflyweed 6
K 3 Dill (Carrot) 12
K 4 Oregano (Mint) 12
K 5 Rock Rose 8
K 6 Winecup 10
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone L
L 1 Zone L
L 2 American Beautyberry 4
L 3 Blue Mistflower 12
L 4 Bluebonnet 20
L 5 Cinnamon Clematis 3
L 6 Eastern Gamagrass 20
L 7 Fragrant Sumac 1
L 8 Germander 6
L 9 Indian Grass 12
L 10 Switch Grass 12
L 11 Woodfern 25
L 12 Zinnia (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone M
M 1 Zone M
M 2 American Basketflower 20
M 3 Gulf Coast Muhly 20
M 4 Lavender (Mint) 8
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone N
N 1 Zone N
N 2 Beebalm 20
N 3 Fennegreek (Mint) 8
N 4 Gulf Coast Muhly 12
N 5 Maximilian Sunflower 12
N 6 Rosemary (Mint) 8
N 7 Silverleaf Sunflower 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone O
O 1 Zone O
O 2 Barbados Cherry 5
O 3 Black-eyed Susan 20
O 4 Indian Blanket 20
O 5 Maximilian Sunflower 20
O 6 Mexican Hat 20
O 7 Mint 8
O 8 Pink Evening Primrose 8
O 9 Prairie Verbena 12
O 10 Redbud 1
O 11 Rock Rose 8
O 12 Yarrow (Aster) 20
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone P
P 1 Zone P
P 2 American Beautyberry 4
P 3 Chile Pequin 8
P 4 Dill (Carrot) 12
P 5 Maximilian Sunflower 20
P 6 Rosemary (Mint) 8
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone Q
Q 1 Zone Q
Q 2 American Beautyberry
Q 3 American Basketflower
Q 4 Eastern Gamagrass
Q 5 Frog Fruit
Q 6 Gayfeather
Q 7 Germander
Q 8 Goldenrod
Q 9 Lyre-leaf Sage
Q 10 Queen Anne's Lace (Carrot)
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Zone R
R 1 Zone R
R 2 Black-eyed Susan 20
R 3 Coreopsis (Aster) 20
R 4 Eastern Gamagrass 25
R 5 Goldenrod 20
R 6 Mexican Hat 20
R 7 Winecup 25
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3
Docusign Envelope ID: 87BA018E-86B6-47D4-84E4-6BFDE7AAFBE3