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Home My WebLink AboutR2026-088 20260622RESOLUTION NO. R2026-88 A Resolution of the City Council of the City of Pearland, Texas, approving a Stormwater Maintenance Agreement between the City of Pearland and the Golfcrest Country Club. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City and Golfcrest Country Club have agreed to enter into a Stormwater Maintenance Agreement to define responsibilities for maintenance and improvements to the drainage system. Section 2. That the Interlocal Agreement between the City of Pearland and the Golfcrest Country Club, a copy of which is attached hereto as “Exhibit A” and made a part hereof for all purposes, is hereby approved. Section 6. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with the Golfcrest Country Club PASSED, APPROVED and ADOPTED this the 22nd day of June, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C RESOLUTION NO. R2026-88 ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991B0A5C Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991 B0A5C Resolution No. R2026-88 Exhibit A STORMWATER MAINTENANCE AGREEMENT This Agreement, made and entered into by and between the City of Pearland, a home rule municipality incorporated under the laws of the State of Texas (hereinafter, "City.") and Golfcrest Country Club (hereinafter. "Golfcrest") RECITALS Whereas, Green Tee Terrace ("Green 'fee") is a golf course community previously developed in the City; and Whereas, the golf course located in Green Tee is owned and operated by Gol forest; and Whereas, City and Golfcrest recognize that certain public Stormwater drainage systems drain across (public easement) or discharge onto the golf course in three. (3) specific areas ("Convergent Areas"); and Whereas, City and Golfcrest desire to work cooperatively to establish rights and responsibilities of the parties with respect to the Convergent Areas; and WITNESSE'l_H NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is hereby agreed as follows: i. CONVERGENT AREA 1 - Stormwater drainage system located within a twenty -foot (20I') Utility Easement extending from Country Club Drive to Green Tee Drive e as more accurately depicted on Exhibit "A" attached hereto. A. City currently maintains the drainage system and shall continue to be responsible fur maintenance and repair of the drainage system. 13. Ciolferest currently maintains the surface of the casement and shall continue to be responsible for all ground maintenance related to the casement area. IIh CONVERGENT AREA 2 — Stormwater draining from a portion of Country Club Drive into a private amenitixed drainage ditch ("Linear Detention System") as more accurately depicted on Exhibit "A" attached hereto. A. Golfcrest regularly maintains the Linear Detention System with a focus on testhetic qualities, and City has no legal access to the Linear Detention System to make required emergency drainage related maintenance or repairs. 1-3. City shall have a metes and bounds description of the Linear Detention System prepared within 90 clays following the execution of this Agreement by all parties. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991 B0A5C ( . Golfcrest shall grant City a drainage easement over the Linear Detention System within thirty (30) days following City's completion of the mete, and bounds description. D. The parties agree that the aesthetic maintenance of the Linear Detention System shall continue to remain the sole responsibility of Golfcrest, and the City', drainage easement rights shall be limited to maintenance and repairs of the drainage easement as they relate to the proper functioning, operation, and preservation of the drainage and stormwater facilities located within the casement area. III, CONVERCENT AREA 3 — Public stormwater from three (3) locations that drain into a private drainage ditch ("Drainage Ditch") and subsequently re- enter the public stormwater system as more accurately depicted on Exhibit "A" attached hereto. A. The Drainage Ditch is located on Golferest's property and acts as drainage conveyance, but. City has no legal access to the Drainage [)itch to make required emergency drainage related maintenance or repairs. B. City shall have a metes and bounds description of the Drainage Ditch prepared within 90 days following the execution of this Agreement by all parties. C. Golfcrest shall grant. City a drainage easement over Drainage Ditch within thirty (30) days following City's completion of the metes and bounds description. D. The parties agree that the aesthetic or grounds maintenance of the Drainage Ditch shall continue to remain the sole responsibility of Golfcrest, and the City's drainage casement shall allow for the maintenance and repairs within the drainage easement as they relate to the proper functioning, operation, and preservation of the drainage and stormwater facilities. IV. DRAINAGE MAINTENANCE/REPAIRS A. The Parties acknowledge and agree that all maintenance, repairs, and related activities within drainage easements that are necessary for the proper functioning, operation, and preservation of the drainage and stormwater facilities shall be performed solely at the discretion of the City. The City shall determine the timing, scope, and manner of any such maintenance or repair activities. All obligations of the City under this clause are expressly contingent upon the allocation and availability of appropriate funding, and nothing herein shall be construed to require the City to perli rut maintenance or repairs in the absence of such allocated funds. The Owner shall not assert any claim or demand against the City for delays or failure to perform maintenance or repairs due to lack of funding or the City's discretionary determination. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991 B0A5C B. (.iotferest agrees that any aesthetic or grounds maintenance activities conducted within the drainage ditches shall not impede or negatively affect the now of stormwater or interfere with the City's easement. rights. In the event the City determines that such activities have adversely impacted stormwater flow or the integrity of the easement, Golicrest shall promptly undertake all necessary remediation CO restore proper flow and compliance. C. Furthermore, Golfcrest acknowledges and agrees that under no circumstances shall the City be held liable for any damages, costs, or expenses related to the repair, restoration, or replacement of areas maintained by Colfcrest, including landscaping or other improvements, that may be disturbed as a result of the City exercising its rights and responsibilities under this Agreement. V. TERM The term of this Agreement shall commence on the day it is approved by City Council. VI. NOTICES A. All notices find communications under this Agreement shall he mailed by certified mail, return receipt requested, or delivered to the City at the following address: City of Pearland 3519 Liberty Drive Pearland, -Texas 77493 Attention: City Manager Ci o Ifc rest Country Club 2509 Country Club Dr. Pearland, TX 77581 Attn: Rene Rangel VII. MISCELLANEOUS A. Both parties agree that nothing herein shall be construed to create any rights in third parties. Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991 B0A5C B. Both parties agree that no party shall have the right to seek indemnification or contribution from any other party hereto for any losses, costs, expenses, or damages directly or indirectly arising, in whole or part from this Agreement. C. Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this Av.rcernent i�, fir any reason, held invalid unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. D. The Rights and Obligations of this Agreement shall not be assigned without prior written consent of the parties. Each person signing below represents that he or she has read this Agreement in its entirety; including any and all attachments and exhibits, understands its terms, is duly authorized to execute this Agreement on behalf of the party indicated by his or her name below and agrees on behalf of said party that the party will be hound by these terms. SIGNED and ENTERED this 1 I day of u N e GOI,FCRLST COUNTRY CM 173 ATTEST: CITY OF P I A R LAN I) DocuSigned by: Trent Epperson, City Manager , 2026. I Elise Guerrero E My Commission Expires 1 8/5/2029 I I Notary ID135523645 b Docusign Envelope ID: 0D26D836-3FDD-8ED9-8196-7E4C991 B0A5C ArD'odd ghed by: �9uEet253 TFFF4 t5... (...uy Secretary