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Home My WebLink AboutR2008-060 2008-04-28RESOLUTION NO. R2008-60 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 ASSOCIATED WITH PARK DEDICATION REQUIREMENTS FOR THE CANTERBURY PARK SUBDIVISION. 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 Sowell Interests-Parkside, 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 Sowell-Interests-Parkside . PASSED, APPROVED and ADOPTED this the 28`h day of ril, A.D., 2008. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: _____0.... - rc . ark,. DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2008-60 DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R2008- ) This Agreement is entered into this �S day of JY7 , 2008, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and SOWELL. INTERESTS- PARKSIDE, L.P., a Texas Limited Partnership (hereinafter "Developer"). WHEREAS, Developer previously developed the first phase of single-family residential lots within Canterbury Park, Section 1, as reflected on the plat recorded under Film Code No. 04-005300 at Volume 24, Pages 112-116, in the Map Records of Brazoria County, Texas (the "Canterbury Park Plat") and is currently planning to develop future residential sections of Canterbury Park within Restricted Reserve "B" (Residential) of Canterbury Park, as described on the Canterbury Park Plat, depicted on Exhibit "A" attached hereto, which will ultimately consist of approximately 289 lots developed in phases generally as depicted in Exhibit "B" attached hereto and identified as Sections A, B and C (said future sections hereinafter referred to as the "Development"); and WHEREAS, to satisfy the City's park dedication and fee requirements for the Development, Developer desires to dedicate, by plat, approximately 2.55 acres of open space (hereinafter "Park Property"), the location of which is depicted on Exhibit "B" attached hereto, and to construct certain improvements on the Park Property and on Restricted Reserve "A" as described on the Canterbury Park Plat and depicted on Exhibits "A" and "B" attached hereto (the "Detention Reserve"), which improvements are described with specificity hereafter (the "Improvements"); and WHEREAS, Developer and City acknowledge that the park dedication fee for the Development is $216,750 and is substantially less than the value of the Park Property and the cost of the proposed Improvements (estimated at $503,750.00); however, Developer believes the Improvements may be an intangible benefit to the overall appeal and marketability of the Development and is therefore willing to enter into this Agreement; and WHEREAS, the City, in lieu of a flat park land dedication or park dedication fee, prefers that Developer dedicate the Park Property and construct the Improvements as contemplated herein; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to the Park Property and Improvements. W I T N E S S E T 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: DEVELOPMENT AGREEMENT Page 1 of 5 K: \S I -P arkside\Dev-Agent-Pearl and -Parks -3 1 _ As a condition precedent to the City's approval of the replat for Section A of the Development and in lieu of the park dedication fee for said Section A, Developer agrees to dedicate the Park Property to the City as open space. 2. As a condition precedent to the City's approval of the replat for Section B of the Development and in lieu of the park dedication fee for said Section B, Developer agrees to construct an 8' high masonry screening wall along the east boundary of Restricted Reserve "A" described on the Canterbury Park Plat (the "Detention Reserve"), beginning at the northeasterrnnost corner of said Detention Reserve and extending south along said east boundary a distance of no less than 1,500 feet (hereinafter the "Screening Wall"). 3. As a condition precedent to the City's approval of the replat for Section C of the Development and in lieu of the park dedication fee for said Section C, Developer agrees to (a) install appropriate landscaping (consisting of trees, shrubbery, and grass) and irrigation systems on the Park Property at a total cost not to exceed $30,000, and (b) construct a 6 -foot wide concrete walk path on the Park Property along its west boundary line ((the "Walk Path"). 4. As a condition precedent to the City's acceptance for the issuance of building permits in Section C of the Development, Developer agrees to construct (a) an extension of the Screening Wall from its south terminus southward along the east boundary of the Detention Reserve to a point at the northern high bank of an existing ditch (as shown on the Canterbury Park Plat) such that the total length of the Screening Wall (as extended) is approximately 2,875 feet, (b) an extension of the Walk Path such that it encircles the Detention Reserve and the Park Property (taken as a single tract), and (c) an irrigation system for the banks of the detention pond situated on the Detention Reserve. 5. The irrigation systems described in Paragraphs 3 and 4 will be designed to use the water from the pond situated on the Detention Reserve. The Screening Wall and the Walk Path are generally depicted on Exhibit "C" attached hereto. 6. Upon completion of the Improvements (or any portion thereof) by Developer pursuant to this Agreement, it is intended by the parties that the Canterbury Park Homeowner Association shall be responsible for maintenance of all such improvements on an as - needed basis. In that regard, Developer shall cause the governing documents of said Association to provide for such maintenance responsibilities as covenants running with the land. In consideration for the provision of maintenance of the improvements to the Park Property, the City will allow the Association to install, at its own expense, playground equipment, park benches, and similar amenities on the Park Property. Further, it is also intended that the Developer will convey to the Brazoria County Municipal Utility District No. 28 (the "NIUD") fee title to the Detention Reserve in accordance with separate agreements between Developer and the MUD. DEVELOPMENT AGREEMENT Page 2 of 5 K:\SI-Parkside\Dev-Agrnt-Pearland-Parks-3 7. The City agrees that, so long as this Agreement is in effect and Developer has timely satisfied the conditions precedent as described herein, the park dedication fees for the Development shall be waived. 8. Ths,qp term of this � Agreement shall be for a period of five (5) years, c mmencing on the ns day of I / ( , 2008, and terminating on the 2e -day of 7 Y/ / , 2013, at which time, this agreement, upon written approval of each Party, which approval shall not be unreasonably withheld or delayed, may be renewed in one (1) year increments. In the event this Agreement is terminated prior to the completion of the Development and satisfaction of the conditions precedent described in Paragraphs 1 through 4 above, the City shall have the right, as its sole remedy hereunder, to reinstate its park dedication fee for any section of the Development for which the conditions precedent have not been satisfied. For example, if Developer has completed Section A and has constructed the Screening Wall in satisfaction of the condition precedent for Section B but has not satisfied the conditions precedent for Section C replat approval as set forth in Paragraph 3 above, then, upon termination of this Agreement, the City shall have the right, as its sole remedy, to reinstate the park dedication fee for Section C, and neither City nor Developer shall have any further obligations under this Agreement. 9. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 10. 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. 11. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to any construction required hereunder, except that Developer's satisfaction of the contingencies. 12. 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 prohibited 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. 13. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas, and any actions concerning this Agreement shall be brought in the Texas State District Courts of Brazoria County. DEVELOPMENT AGREEMENT Page 3 of 5 K: \S I -Parks i de\Dev-Agmt-Pearl and -Parks -3 14. Resolution No. R2008 -G6 is incorporated herein and made a part of this Development Agreement for all purposes. 15. To accomplish execution of this Agreement, it may be executed in multiple counterparts. IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures on the date first above -mentioned. Developer: Sowell Interests-Parkside, L.P., a Texas limited partnership, By: Sowell Parkside, Inc., a Texas corporation, its General Partner City: ATTEST: STATE OF TEXAS DALLAS COUNTY By: T own, Vice President CITY OF PEARLAND, a Texas municipal corporation Bill Eisen, City Manager r cp._ This instrument was acknowledged before me on this �L day of , 2008, by c��E�� ]fYl �• 1�YC��T _ ] , �r eSl of Sowell Parkside, Inc., a Texas corporation, on behalf of said corporation in its capacity as General Partner of Sowell Interests-Parkside, L.P., a Teas limited partnership, on behalf of said partnership. t Notary Public, State of Texas My Commission Expires: 1 3: :mac ;Nrr CARRIE PENA Notary Public. State of Texas My Commission Expires May 18, 2010 DEVELOPMENT AGREEMENT K: \S I -Parks ide\Dev-Agmt-Pearl an d -Parks -3 Page 4 of 5 STATE OF TEXAS BRAZORIA COUNTY This instrument was acknowledged before me on this today of -A-Lc Iv 2008, by Bill Eisen, City Manager of the City ofPearland, a Texas home rule municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: K (atkuult - #3- a-c,r,1T. KATHERINE E. BITTICK Notary Public, State of Texas My Corr"nission Expires December 06, 2011 �I DEVELOPMENT AGREEMENT Page 5 of 5 K: \S I -P arksi de\Dev-Agmt-P earland-Parks-3 EXHIBIT A N 87'14'27' E 1321.76' 58725'04"W 2638.88' S 8639'03' W 807.49' 6_21smi.n f OP MN 71 Mae OVIDOK DPW. ma PATIACX L DOOIEY Rots. 4TAf01661S OSARC. CALLED 06.162 ACIES 5echon8 A.CsEu3E I 19RISNI1iA.A\ MAT CANTERBURY PARE _6 witykijr !to le MOWAt `+ ' -lCf. S ',MAIL. SLR., s-Wt�a. 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