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