R97-68 12-08-97RESOLUTION NO. R97-68
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 ENJAY CONSTRUCTION
COMPANY TO PROVIDE WATER SERVICE TO THE AREA BETWEEN
WALNUT STREET AND PEAR STREET AND TO INCREASE AND IMPROVE
THE CITY'S CAPACITY TO SERVE OTHER PROPERTIES LOCATED IN THE
OLD TOWN SITE.
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 and Enjay Construction Company, 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 the original of the attached agreement for and on behalf
of the City of Pearland, for purposes of providing water service to the area between
Walnut Street and Pear Street and to increase and improve the City's capacity to serve
other properties located in the Old Town Site.
PASSED, APPROVED and ADOPTED this the 81:h day of December ,
A.D., 1997.
ATTEST:
A RY
APPROVED AS TO FORM:
CITY ATTORNEY
TOM REID
MAYOR
DEVELOPMENT AGREEMENT
(Exhibit "A" to Resolution No. R97-68)
This Agreement is entered into this [o't'k day of 'ZZ)~QC~v~ta~-r'
by and between the CITY OF PEARLAND, TEXAS (hereinafter
ENJAY CONSTRUCTION COMPANY (hereinafter "Enjay").
, 1997,
"City"), and
WHEREAS, City plans to construct a water line necessary for the City to improve water
service to a section of the Old Town Site located at Park Avenue South between
Walnut Street and Pear Street (hereinafter ""Park Avenue Area"); and
WHEREAS, City desires to cooperate with Enjay to better provide water service to the
Park Avenue Area, and at the same time, increase and improve City's capacity to serve
other properties located in the Old Town Site; and
WHEREAS, City and Enjay desire an agreement to set forth their respective
responsibilities with regard to providing water service to the Old Town Site; and
WHEREAS, City Council has designated the Old Town Site as a priority development
area.
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:
City shall construct an eight inch (8") water line with stub-outs after completed
survey of lots is submitted, to serve the Old Town Site including but not limited
to the Park Avenue Area, with the understanding that an eight inch (8"") water line
is necessary for the development and improved water service for the Old Town
Site area.
City and Enjay shall share the cost of constructing said eight inch (8") water line
from the northeast corner of Walnut Street and Park Avenue South to the
northeast corner of Pear Street and Park Avenue South, as follows:
(a)
Enjay shall pay a sum equalling fifty percent (50%), but not to exceed
Eight Thousand Five Hundred Dollars (98,500.00) of the total construction
costs, with Five Thousand Dollars ($5,000.00) payable by Enjay directly to
the City prior to the actual construction of said water line.
(b)
Enjay shall pay the remaining balance, not to exceed Three Thousand Five
Hundred Dollars (93,500.00) directly to the City on or before completion of
said water line.
(c)
City shall pay all remaining costs associated with the construction of said
water line.
(d)
City shall defer impact fees, permit fees, and inspection fees until such time
as the first housing unit is sold, at which time all appropriate fees shall
become due. The parties hereto understand and agree that no certificates
of occupancy will be issued by the City until all fees have been paid in full
by Enjay.
(e) City shall waive' tapping fees and zoning fees.
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.
Resolution No. R97-68 is incorporated herein and made a part of this Development
Agreement for all purposes.
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10.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
11.
ENJAY 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 ENJAY,
ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A
RESULT OF THE CONSTRUCTION OF THE WATER LINE REFERENCED ABOVE,
UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. ENJAY 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 THE CITY, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION. 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.
ENJAY CONSTRUCTION COMPANY,
a Texas corporation
Falke
President
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
aul Grohman
City Manager
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STATE OF TEXAS §
§
COUNTY OF ~-)l"a,~--Dr;a §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Jesse C. Falke, President of Enjay Construction Company, a Texas corporation, known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~D~"DAY OF
.'7'b,o.C~-,r,,.,loP_. r' , A.D., 19
LISA D. JONES
SEPTEMBER 21, 1999
.
Notary P~f~Te/~x:s
My Commission Expires:
Printed Name: L ; Sa 'b.
STATE OF TEXAS §
§
. COUNTIES OF BRAZORIA §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Paul Grohman, City Manager of the City of Pearland, a Texas home rule municipality,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND
'be, C~yv~a~,r , A.D., 19
LISA D. JONES
8EFTEMaER 21,, 1999
SEAL OF OFFICE THIS !~:)~"~'DAY OF
·
Notary ~ of Texas
My Commission E ' :
Printed Name:
4