R2003-0045 03-10-03 RESOLUTION NO. R2003-45
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 LINGO
SOUTHGATE, LTD. FOR THE OVERSIZING OR SEWER MAINS ALONG
KIRBY DRIVE.
BE IT 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 LinGo Southgate, Ltd., 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 a development agreement with LinGo Southgate, Ltd., for
the oversizing of sewer mains along Kirby Drive.
PASSED, APPROVED and ADOPTED this the 10th day of March ,
A.D., 2003.
ATTEST:
(~I)I'Y S~ETARW
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
F~2003-45
DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R2003- ~,$ )
This Agreement is entered into this ,/'7 day of ,u/,,/-,~ ~./-~ ,2003, by and betWeen the
CITY OF PEARLAND, TEXAS, (herein'after "City"), and LinGo Southgate, Ltd., a Texas
Limited Partnership (hereinafter "Developer").
WHEREAS, Developer plans to construct a residential subdivision known as "Southgate",
which will be served by the City's water and sanitary sewer systems; and
WHEREAS, Developer plans to construct a water main, sanitary sewer main, and
appurtenances necessary for the City to provide water and sanitary sewer service to the
Southgate and to dedicate said water main, sanitary sewer main, and appurtenances to the
City for operation and maintenance; and
WHEREAS, City desires to cooperate with Developer to provide water and sanitary sewer
service to Southgate, and at the same time, increase and improve City's capacity to serve
other properties in the vicinity of Southgate; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing water and sanitary sewer service to Southgate.
VVlIN ES.S ET H'
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. A six-inch sanitary sewer force main is needed to serve Developer's requirements
for Southgate and is required to be extended to Southgate subdivision from the
existing termination point of the City sewer system. The sewer system will be
extended by Developer from the intersection of Broadway and Kirby southward
along the future Kirby Drive to the SoUthgate Subdivision.
2. To serve additional tracts, the City has requested that Developer construct an eight-
inch force main from the proposed lift station to the north line of the Southgate
Subdivision, and a 12-inch and 18-inch gravity sewer main from that point northward
to Broadway.
3. The estimated cost for the sanitary sewer main extension to serve Developer's
requirements is $320.801. The estimated cost for the sanitary sewer main
extension as requested by the City is $537,568. Therefore, the total estimated
oversizing cost to be reimbursed by City to Developer is $216,767 as described in
Exhibit A. Upon completion of the project, actual costs will be accounted and
',
10.
11.
reported to the City. Actual oversizing reimbursement shall not exceed the total
estimated oversizing cost by more than 5% without prior approval of the City.
Developer will cause its engineers, reasonably approved by the City, to prepare
plans and specifications for the construction of the sanitary sewer mains desired by
the City.
The bid specifications shall require each bidder to reflect the difference in the cost
of constructing the sanitary sewer main extensions as reflected in the plans and
specifications and the cost which would have been incurred had the sanitary sewer
main extensions been constructed to the size required by Developer.
Upon approval of the plans and specifications by the City, Developer's engineers
will obtain competitive line item bids in accordance with Local Government Code
Chapter 252 for the construction of the sanitary sewer main extensions in
accordance with the plans and specifications. The bids will be reviewed by
Developer and the City and a contract will be awarded to the successful bidder by
Developer. City reserves the right to reject any and all bids for the construction of
the sanitary sewer main extensions.
Upon approval of the bids by the City, Developer shall cause the work to be
completed in accordance with the plans and specifications. Developer's engineer
and the City Engineer or designee shall monitor the progress and workmanship of
the contractor. Developer shall advance the funds necessary to pay the contractor
for the work performed.
The City will reimburse Developer, as defined in Paragraph 3, within 30 days after
acceptance of the improvements by the City and evidence of paid invoices.
The initial term of this Agreement shall be for a period of three (3) years,
commencin, g on the //"/ day of ,~'~,ff , 2003, and terminating on the /~- day
of ~,~¢,~ ,2006 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.
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12.
13.
14.
15.
16.
17.
18.
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. R2003-~ is incorporated herein and made a part of this
Development Agreement for all purposes.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
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 IMPROVEMENTS 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.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
LinGo Southgate, Ltd.
a Texas limited partnership
by and through its general partner
kinGo,~~.es~
Tracy Goza
Vice President
ATTEST:
Yo~ [_o rfi Cy/~)~t/a rY
CITY OF PEARLAND,
a Texas municipal corporation
I~,11 I:;i~n, ~nc~c,r
A1 an,, Muel I er, Deputy City Manager
STATE OF TEXAS '
BRAZORIA COUNTY '
Thj.~instru~ent was acknowlc,dge..d before, me on this /? day of/k"'/_~F~__h ,
2003, I~y~ ~0,(".U~ (~JTC;~ , k,.J ~(~ .iL ~,~(~-(__~Dl~_-~q.¢ ,on behalf of said partnership.
Notary Public, State of Texas
My Commission Expires:
Notary Public, State of Texas/t
My Commission Expires |[
~, ";~;'" January 29, 2005 .... J
STATE OF TEXAS '
BRAZORIA COUNTY '
~/,~,¢,,~T2 instrument.~v~,~s~owledged, r~...~,,.. - before me on this //' day of
,2003, by ~ ~ty ~-an~ger of the City of Pearland, a Texas I~ome rule
municipality, on behalf of said municipality.
4
My Commission Expires: ~"~ '~,
PERLA N, LEHMAN
Notary Public, State of T~
My Commission Ex ires=
5
Kirby Road Utility Improvements
PRELIMINARY ENGINEER'S ESTIMATE
LINES SIZED FOR SOUTHGATE ONLY
Febru 1
ITEM QTY UNITS COST COST COMMENT
SITE WORK
Mobilization 1 LS 4,000.00 4,000.00
Pollution Prevention 1 LS 5,000.00 5,000.00
Pa~/mentJPerformance/Maint Bonds 1 LS ' 6,500.00 5,500.00 2.5% of Construction
SUBTOTAL SITE WORK 14,500.00
WATER
8" Gate Valves w/boxes 2 EA 540.00 1,080.00
12" Gate Valves wi boxes 6 EA 875.00 5,250.00
Fire Hydrant Assemblies 10 EA 2,200.00 22,000.00
12"x16" T.S.&V. 1 EA 6,400.00 6,400.00
8" PVC Waterline w/fittings 164 LF 15.25 2,501.00
12" PVC Waterline w/fittin~]s 4,831 LF 28.25 136,475.75
SUBTOTAL WATER 173,706.75
SANITARY SEWER
6" PVC SDR 26 Forcemain 4,884 LF 13.50 65,934.00
Tie-in to existin~l Manhole 1 EA 2,500.00 2,500.00
SUBTOTAL SANITARY 68,434.00
CONSTRUCTION SUBTOTAL $256,641
ENGINEERING & SURVEYING 15% $38,496
CONTINGENCY 10% $25,664
TOTAL CONSTRUCTION ' $320,801
Kirby Road Utility Improvements
PRELIMINARY ENGINEER'S ESTIMATE
OVERSIZED LINES FOR DEVELOPMENT OF ADJACENT PROPERTY (GRAVITYOPTION)
January 24, 2003
I UNIT TOTAL
ITEM QTY UNITS COST COST COMMENT
SITE WORK
Mobilization 1 LS 6,500.00 6,500.00
Pollution Prevention 1 LS 5,000.00 5,000.00
Payment/Performance/Maint Bonds 1 LS 15,500.00 15,500.00 2.5% of Construction
SUBTOTAL SITE WORK 27,000.00
WATER
8" Gate Valves w/boxes 2 EA 540.00 1,080.00
12" Gate Valves w/boxes 6 EA 875.00 5,250.00
Fire Hydrant Assemblies 10 EA 2,200.00 22,000.00
12"x16" T.S.&V. 1 EA 6,400.00 6,400.00
8" PVC Waterline w/fittings 164 LF 15.25 2,501.00
12" PVC Waterline w/fittings 4,831 LF 28.25 136,475.75
SUBTOTAL WATER 173,706.75
SANITARY SEWER 2,275
8" PVC SDR 26 Forcemain . LF 16.50 37,537.50
18" PVC SAN 114'-16') 1,1861 LF 85.00 100,810.00
12" PVC San (14'-16') 1,134 LF 60.00 68,040.00
Sanitary Sewer MH (0-8') 8 EA 1,750.00 14,000.00
Sanitar~ Sewer MH IExtra DepthI 64 VF 140.00 8,960.00
SUBTOTAL SANITARY 229,347.50
CONSTRUCTION SUBTOTAL $430,054
ENGINEERING & SURVEYING 15% $64,508
CONTINGENCY '10% $43,005
TOTAL CONSTRUCTION " $537,568
LinGo Properties, Inc.
Real Estate Investment / Development
March 26, 2003
Mr. Alan Mueller
City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RP LinGo SouthGate, Ltd
Dear Mr. Mueller:
17225 El Camino Real, Suite 170
Houston TX 77058
Phone: (281) 286-2290 • Fax: (281) 286-2390
Please find enclosed an original Development Agreement between City of Pearland and
LinGo SouthGate, Ltd
If you have any questions, please do not hesitate to give me a call.
Sipeerely, blidarrW
WC
LAURIE DELESANDRI
FOR TRACY F. GOZA
enclosure
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