R97-43 08-25-97RESOLUTION NO. R97-43
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 SOUTHWYCKSECTION THREE
LTD., A TEXAS GENERAL PARTNERSHIP, AND BRAZORIA COUNTY,
TEXAS, FOR THE CONSTRUCTION OF TWO LANES OF SOUTHFORK
DRIVE ALONG THE SOUTHERN BOUNDARY OF SOUTHWYCK SECTION 3
PHASE 4.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain development agreement by and between the City of
Pearland, Southwyclc Sect/on Three ltd., and Brazoria County, a copy of which is
attached hereto as Exhibit "A" and incorporated herein for all purposes, for the
construction of two lanes of Southfork Drive along the southern boundary of Southwyck
Section 3 Phase 4, is hereby authorized and approved.
Section 2. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, the attached agreement and counterparts thereof.
1997.
PASSED, APPROVED and ADOPTED this the,~,~day of
TOM REID
MAYOR
ATTEST:
APPR VED AS TO FORM:
A TES McCULLOUGH
CITY ATTORNEY
Attachment 1
Along Sk3, Ph4 Low
Item
1
2
3
4
5
5
8
Quantity
1,500
4800
4600
3200
3
100
2
SOUTHFORK DRIVE EXTENSION
(Along Southwyck Section 3. Phase 4)
(1,800 LF)
Unit
CY
SY
Description
Roadway Excavation
Lime Stabilized Subgrade
7 Inch Concrete
6 Inch curb
Signs
Pavement Headers
Barricades
Subtotal
Unlt
Cost
$ 2.25
$ 2.50
$ 19.00
$ 2.00
$150.00
$ 5.00
$ 350.00
Total
$
$
$
$
$
$
$
$
3,375
12,000
87,400
6,400
450
500
700
110,825
Page 1 , -
[ 'd ~SPI X~J '31,II'SS03A~S-0~83J OB:8I L6, ?~
,-,I
0
COUNTY ROAD 91
-__-. ,~-..~-- -._--_.--_--._-._-- _~_ --
-B.C.M.U.D. NO. 2
SECTION NO. 2
ECT!ON NO.5
E M. 518
SECTION. NO, 7~
DRAINAGE
I
Exi sting
Southfork Drive
SECTION
, B.C.M.U.D.
STP
,EASEMENT
NO. 8
Southfork Drive
Extension
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R97-43)
.... ~a~;Z~Z~T 1997, by and between the CITY OF
SOUTHWYCK SECTION THeE LTD., a Texas general pmnership, acting by ~d t~ough its General
Pa~ner, Landsty, Inc., represented herein by its President, Clinton Wong, the undersigned (hereinaffer
"Developer ").
~E~AS, Developer pl~s to apply for a Preliminary ~d Final Plat for Southwyck Section 3 Phase 4;
~d
~E~AS, the development pl~s for Br~oria County Municipal UtiliW District Number 1 includes the
extension of Southfork Drive along the southern bound~y of Southwyck Section 3 Phase 4; ~d
WHEEAS, the Developer, City, ~d County agree that it is the Developer's responsibiliW to const~ct ~o
lanes of Southfork Drive adjacent to Southwyck Section 3 Phase 4 ~d that the cost of such improvements,
as estimated in Attac~ent 1, is $110,825.00; ~d
~EEAS, the Developer, City, ~d County agree that it is advantageous to defer the const~ction of the
extension of Southfork Drive until a later date; ~d
~EEAS, Developer, City, ~d County desire an agreement to set fo~h their respective responsibilities
with reg~d to construction of Southfork Drive.
WITNESSE_TH:
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 agrees to coordinate the dedication of the right-of-way by Realty Advisory Group to
County for the extension of Southfork Drive, beginning at County Road 89 and continuing to the
east line of Southwyck Section 3 Phase 4. Such dedication shall be in a form acceptable to the City
and County. County shall withhold acceptance of the subdivision improvements until such
right-of-way is properly accepted and recorded.
2. Developer agrees to deposit $110,825.00 with the City at the time of submission of the Final Plat
application. Such funds will be held jointly by the City and County in an interest bearing escrow
account selected and administered by the City and County, until such time as the road is constructed
or the right-of-way is annexed into the City. After annexation, the funds shall be held and
administered solely by the City. Developer shall not be entitled to any refunds from this
contribution amount.
3. Upon payment of the contribution amount defined in Section 2 of this Agreement, City and County
agree to approve the Final Plat for Southwyck Section 3 Phase 4, provided the plat meets all other
requirements as required by City and County Codes.
City and County agree to apply the contribution amount,. and interest earnings solely to the
construction of the extension of Southfork Drive easterly from County Road 89. The City and
County shall determine the design, method, and time of construction for the extension of
Southfork Drive, until such time as the right-of-way is annexed into the City, after which City shall
determine the design, method, and time of construction for the extension of Southfork Drive.
This Agreement may only be amended, modified, or supplemented by written agreement and signed
by all parties.
Upon completion of Developer's obligations pursuant to this Agreement, Developer shall no longer
have any rights or obligations hereunder regarding the construction of Southfork Drive.
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 or County 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.
11.
This Agreement and all obligations created hereunder shall be performable in Brazoria County,
Texas.
12.
13.
In enforcing the performance of the provisions of this Agreement, all parties shall have the right
to the exercise of all procedures available under the law including, but not without limiting the
generality thereof, a writ of mandamus to command performance of any provision. No waiver of
any breach or default of any provision of this Agreement shall be deemed a waiver of any
subsequent waiver or default.
If any party hereto is the prevailing party in any legal proceedings against any signatory on this
Agreement brought under or with relation to this Agreement, such prevailing party shall additionally
be entitled to recover court costs and reasonable attorney's fees from any non-prevailing party to
such proceedings.
Resolution No. R97-43 and Court Order No./0"d S~fff/are incorporated herein and made a part
of this Development Agreement for all purposes.
14. To accomplish execution of this Agreement, it may be executed in multiple counterparts.
15.
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 IMPLEMENTATION OF THE TERMS OF THIS AGREEMENT, 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 THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE
THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
In witness whereof, the parties have hereunto set their hands and signatures on the date first above
memioned.
ATFEST:
SOUTHWYCK SECTION THREE LTD.,
a Texas general partnership,
by and through its General Partner,
LANDSTAR, INC.
By:/"~ ~,/..~
Clinton Wong
Priesident of Landstar, .
CITY OF PEARLAND,
By: x ura~B~,rporatio~
Paul Grohman, City Manager
BRAZORIA NTY
3
STATE OF TEXAS §
COUNTY OF §
c~-~d O,/,b~e~eLtd, 1997, by
This instrument was acknowledged before me on this ay of
Clinton Wong, President of Landstar, Inc., General Partner of Southwyck Section ., a Texas
general partnership, on behalf of said partnership.
DEBRA J. SCHIELKE
NOtary Public, State of Texas
~Comm~ss~n Expires 4-~01
NOTARY PUBLI~C, TA~E OF TEXAS
Printed Name: ~CC,~
MyCommissionExpires: q '3- ~ I
STATE OF TEXAS §
COUNTIES OF BRAZORIA §
AND HARRIS §
This instrument was acknowledged before me o t 'so2~5_% f }~ ~'~a '
n hi d o ~ ~5~ 1997, by
Paul Grohman, City Manager of the City of Pearland, a Texas home rule muni lity, on behalf of said
municipality.
NOTARY PUBI_i~STATE OF TEXAS
My CommissionExpires: Z4 ',j~ ' O I
STATE OF TEXAS §
COUNTY OF BRAZORIA §
i i rumen this ~/{:]fgday of 50~'1~4d.t,4,), 1997, by
IqOTARY PUL~IC, STATE OF TEXAS
SHERILYN S. PLENTL
notaryPu.,,. S~,ofT., Printed N=e: heri 19n S. 'Pl Crr {,
, I MyCommissionExpires: It) 'Zg' 2000
4
ATTACHMENT 1
TO EXHIBIT "A"
TO RESOLUTION R97-43
Item
1
2
4
6
5
6
8OUTHFORK DRIVE EXTENSION
(Along Souttwvyek Section 3, Phase 4)
(1,600 L.F)
QuamlW Unit
1,500' GY
4600 SY
4600
3200
3
100
2
Oesoription
RoadWa~ Ex~ation
Lime 9teb!llzed 9ubgtade
7 Inctl C0ncmto
6 Inch ourb
Signs
Pavement Headers
Barricades
Unit
Cost Total
2.25 $ 3,375
2.50 $ 12,000
19.oo $ 87,400
2.00 $ 6,400
150.00 $ 450
5.00 $ 500
350.00 ~ 700
Subtotai
$ 1t0,625