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R97-48 08-25-97RESOLUTION NO. R97-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER O'R HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AYRSHIRE CORPORATION FOR EXTENSION OF WATER MAIN AND SEWER MAINS TO SERVE A 4,602 ACRE TRACT ON SCARSDALE BOULEVARD SOUTHWEST OF BOGEY WAY. WHEREAS, Ayrshire Corporation ("Developer") plans to construct water and sewer facilities necessary for the City of Pearland ("City") to provide water and sewer service to a 4,602 acre tract on Scarsdale Boulevard southwest of Bogey Way, and to dedicate said water and sewer facilities to the City for operation and maintenance; and WHEREAS, City desires to cooperate with Developer and provide water and sewer service to the tract, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of the tract; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing water and sewer service to the tract; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, by and between the City and Developer for construction of water and sewer mains to serve the tract and other properties in the vicinity of Scarsdale Boulevard southwest of Bogey Way, is hereby authorized and approved. RESOLUTION NO. R97-48 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. PASSED, APPROVED and ADOPTED this the~,-¢'r~ day of ~ , A.D., 1997. ~, ~ID MAYOR ATTEST: APPR~IR/ED AS TO FORM: CITY ATTORNEY 2 DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION R97-48) CORPORATION, by and through ~R/;t~;ct~r~ E (~u,r,~t,/IH, its Pfcs;~e,r~'f- (hereinafter "Developer "). WHEREAS, construction of a 12 inch water main and 8 inch sewer main extension along Scarsdale Boulevard from the existing termination point at Bogey Way to the Pearland City Limits is necessary to serve a 4,602 acre tract being developed by Developer; and ... WHEREAS, construction of the water and sewer mains is necessary to facilitate delivery of services by Clear Brook City Municipal Utility District to the City pursuant to an agreement between the District and City dated December 12, 1996; and WHEREAS, the said water main extension is included in the Impact Fee Capital Improvements Plan; and WHEREAS, Developer has agreed to be served by the City in lieu of petitioning for annexation into Clear Brook City Municipal Utility District; and WHEREAS, Developer has extended the water and sewer mains, has submitted cost estimates for completing the same, and will dedicate said water and sewer mains to the City for operation and maintenance; and WHEREAS, Developer desires to be reimbursed for'said improvements in a similar manner as if the tract were located in a municipal utility district; and WHEREAS, $29,773.76 in impact fees has been paid for development of the tract; and WHEREAS, City desires to cooperate with Developer and provide water service to the tract, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of the tract; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing water and sewer service to the tract. 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: g Developer agrees to construct a twelve inch (12") water main and 8" sewer main as provided for in the "Scarsdale Boulevard Extension Section Two" construction plans as approved by the City Engineer on June 3, 1997. Estimated overall cost of $35,903.50 is shown in "Exhibit A" attached hereto and made a part hereof for all purposes. The City agrees to reimburse Developer for the cost of said improvements to serve the tract and surrounding properties as follows: (a) City reimbursement for said improvements shall be limited to 70% of actual construction costs not to exceed 925, 132.45. The initial term of this Agreement shall be for a period of one (1) year, commencing on the 25th day of August, 1997, and terminating on the 24th day of August, 1998, at which time, this agreement may be automatically renewed in one (1) 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. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 2 10. Resolution No. R97-48 is incorporated herein and made a part of this Development Agreement for all purposes. 11. To accomplish execution of this agreement, it may be executed in multiple counterparts. 12. DEVELOPER HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE 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 WATER MAIN 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, THEIR 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. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. AYRSHIRE CORPORATION By: Pri rrr' Title: ATTEST: Paul Grohman City Manager 3 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on this day of , 1997, by of Ayrshire Corporation, a 'F~-~C~.,,s corporation, on behalf of said corporation. , ~.' '.~% HILDA LEWIS ' s~.~."~.~ MY COMMISSION EXPIRES ~ ",:~,'a~'~t;;"June 16, 1998 Public, State of Texas Printed Name: My Commission Expires: STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS a § § § § This instrument was acknowledged before me on this ~7~6'~day of J~ ,1997, by Paul Grohman, City Manager of the City of Pearland, ome rule municipality, on behalf of said municipality. ~~ Commiseio~ Expires 4-3-01 4 0~ner: CLBAR81001 X.U.D. C/O 211JOIN ]734 GULF HOUSTON. ~IlltS 77019 I]Z/~:S CXFirL'~C~ON COXgim'Y , ,Zoi~ '00217~ Pa, e EXHIBIT , R' 1 Inv: 07-19 htilate No: 2 Date: 08-04-97 Jlcimate Period 07-01-97 to 07-31-97 Contnct Oa~ed: OO-O0-O0 work 0cder Dated; 00-00-00 Contract Time : 90 CIL~NOH gAYS O~giUl Contract Total: 125,548,00 ievzsed Contract Torai: ;]Jmxet I Prey, etc, I his ht. I To DaCe t ~lTll DISTEIB~ION 001 12' WiTH }ULI:I r,y 310, 002 003 5' 004 ADDITION TO' Oi DDgCYZ0N FEN ~, 1, 110, 15. 1, 310.000 2],aS 15.000 15-00 Z.00O L400.00 0,000 50.o0 7,393.50 225.00 l,tO0.00 0.00 005 006 007 008 6' ?ALVK & BOI El I, 1, D.I, FITTING TON 0,10 ,10 2' BLOW-OFF I/PL~ i ]Ol il 1. i, TIHC; SiFE~ LF 325. 325, Sub-Total ot NATJR DISTIIIUTIOE 00Z 8' PVC 8'-10~ COT ~I 170. 002 '8'PVC G'-8' COT L~ 4B. 003 STANDAID KIIOIOLI ~i 3, 004 ~JUST TOP ~ANROLI !U, XE & ~ 3. 00~ CIMg~ STUILIZ~ S~ SY ~0. 006 ~NICH SU~ ~1 ~20. 00l Sub-Total of SUITHI S~rH SiC 4 STORM DRAINAGI ~6' I70. 450. 3. 410. 410, i,000 330.30 0.100 3,000.o0 1.O00 275.00 325,000 !.00 i70.000 1~,50 450.000 15.30 3.000 97S,30 O.O00 ~50.00 GO.000 25,30 620.000 1.~0 330.00 300.00 27S.00 ]2S,00 1e,248.i0 6,385.00 L)25.00 0.O0 i,500.00 620,o0 !4,735,~0 0net: CLJlIHOOI 173~ G~F BUST01, TEZ~ 770B BtiUte No: 2 BCimate Period Contract Dated: lurk Order Dated: 07-01-97 Inv: 07-19 Date: 08-04-9~ 00-00-00 00-00-0O Contract Time : 90 CA[~BDAi DAYS Original ConcracC Total: 125,548.00 hvxsed Contract To~al: ................. ~ancities ................... ~ Uni~ Price Xmounn Item { Descrip~inn ~i~ ~'~i { ev. bt. { ~s Isc.{ TO Dace Pr 002 24' RCP L~ 150. 150. 150,000 003 STANDHI) NAHOIJ rl 2. 3. ]. ooo 004 ADjUST ~P 01} MANll0LE FIAW{ NA 2. o.ooo ~ COVI~ TO FIlAI. ~an.I 005 "BE" 00~ 24" 921~ B~n PLUG H 2. 2. Z.OO0 007 UHCH S~U U 560. 560. S60.000 S~-Total PAVING & GIIAj)ING 17,30 825.00 150.00 945.00 150,00 1.00 5,595.00 2,{V5.00 0.O0 965.00 300.00 5G0.~0 28,734.50 001 10' CONCRRT~ PAVIWINT W/CUll ST 1,950. 002 HCAVATION CY 003 LINE TON 004 5IM~ MAJ{IPULATI0! $r 2,100. 005 .TIAFFIC CONTR0~ SI~ U. I. 006 ,'1AFFIC 8IlTT0iS B 007 BAHICUE8 {A Sub-Total of PAVIN~ & ST01LM WITH PPp 001 INLET PROTICTION Ba/alll {A 2. 002 ?ILTI//AI{IC U 1,200. 003 { rrORO {ULa SlED l.O.i. If 0.S 1,950, 1,90O. 35. 2,100. 1,950.~00 1,900.000 35.000 2,100.000 0.0OO 0.0O0 0.000 0.000 0,000 0.000 26.90 3.50 10S.00 X.40 250,00 12.00 550,00 25,00 1,00 2,400.00 52,455.00 6,650.00 3,6vS.D0 2,940,00 0.o0 65,720.00 o.oo -~.0o BSTIMAT! ~OR P~MBT ~ontr&c~ hr: SC/5'D~.I ~, IXTII~IO! Oner: CSUIB~OOZ C/O ufauu c/IHf II~II]lHo INC. 3734 GUB/ EOUSTON, ~S 11019 laUU COIrEt~CTZO{ (~leilT liCKlaCe No: 2 Date: 0i-0i-9 ifCiUte Period 07-0Z-97 to OT-tl-9 Coicnct DiCed: 00-00-0 Work Order Dated: 00-00-0 Contracg Time : 90 CAZaUUH DAYS Origi,mi Concr~c~ TOtal:125,548.0 leviNed Contract Total: "ii;; .... ...................::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................ ~Zlmed J ~. IIC. ] ~1 IlL 004 S~ BAGS ~ 4. 0,0O0 25.00 0.0 ~TIUATI aID 001 12, WATE{a ~ 170. 370, { ZTO.0OO 12.~ i,~80.S 002 6' WA~ ~ b{ 35. 35. . 35.000 15.00 525.0 003 5' FLUSH V~H B 2. 2. 2,000 1, tO0.00 2,800.0 004 ~DITION ~ 0i DCUUIO! R0W ~ 2, 0.O00 50.00 0.0 VALVX 005 [2" ~ALH f BOZ ~ Z. ~. 1.000 006 6' VXLVE & BOX ~ 2, 2, 2.000 330.00 e60.0 00~ D.I. FI~XN~ ~ 0,2 .2 ~.200 3,000.00 600.0 008 2' B~OW,OFF W/PZUG i ~Z B Z. l. 1.O00 275.00 27S.0 009 U~NCR 8A1~ ~1 4~5. lOS. 405.0Q0 1.00 iOS.O 10,920.5 CoBtract Foc: BOa,~I3Ma Bl~V~_ ~ZlMLv0S' 0whet: CLIAIBR00[ C/0 RATBUU[ CBiHT flailillS, IlC. ~0US~N, ?~XAS 77019 fizhtl Page. lnv: 07-t9 Istiute !o: Z Date: o8-o4-9 latimte Period 07-01-97 to Contract Oat~: OO-OO-O Work Order Dated: 00-00-0 OnfinaZ Contract- Total: 12S, 5{8.0 levzsed Contract Total: Haued J Pr.. he. ~ ~is ht. ~ To Date TOTE eATER TOTAL SX[rZtl~ TOTAl, S?OB TOTAL PAVlE TOTAL STOlt 10,248.5 t4,~35.0 TOTAL A~TERNAT~ BID TOTAL WORK TO DAT~ TOT5 ~0~ ~ OA~ LgSS 10. OOt ~$S P~fflOOS ~T~ ~0~ D~ NIS ISTI~ s~MI~ Bh ~II COlS~U~ C0MP~ I I I I APPR:OVaD th .............................. I0,920.S 130,35B.5 it0,358.5 58,!74 ,~ 59,!48.9 COD~zT~ OF HARRIS Personally aPPeared before the undersigned authority came ua~e~aS~:Harris ...... , who being swo=n, deposed and said on WITEREAS the said Harris Constnuc..tion Company employed by _Clearbroo_k M.U'.D.' has been · to furnish labor and/or materials fo~'a pro3e~t located a't _ Sc~r~da]e 8]vd...Ex~ensi0n NOW ENOW TE T~EREFORE, that the undersigned, in consideration of $ 59,148.00 , the receipt of which is hereby acknowledged being payment ia 'full' for all labor and/or materials furnished b.v the said undersigned up to and including July..31st , I_997 the. said undersigned hereby waives and releases any"and all 'lien' or claim of Eight of lien. on said building or premises on account of labor and/or material furnished and further states that all aPPlicable taxes· Star&, Local and Federal· ~nd all labor hired by him and all material P~archased by him and used in t/~e consrEfection of said Project have been paid in full and t~hat the said under- signed will defend the owners of said building against any 'liens or other. claims made by said laborers or suppliers of materials used in the construction of said building or premises. This the 4th day of August ~ · '., - .,..,'_ . : ~s/Vice President Sworn to ~nd subscribed before me this August _ · the 4th 06123198 ~  of NOtary Public in' and_foe Harris_ County, Texas. Grace Roberrs AFFI~AV** OF 8a,LS PAID Scarsdale Blvd. Extension ~, Hart1 s ' Vice President ,~ A /V Z:2 ¢1 .,t;¢¢_,/-//'' ~ u~ tl '~ IN