R2003-0083 06-09-03RESOLUTION NO. R2003-83
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 R. WEST
DEVELOPMENT COMPANY FOR THE EXTENSION OF PEARLAND
PARKWAY.
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 R. West Development 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 a development agreement with R. West Development
Company, for the extension of Pearland Parkway.
PASSED, APPROVED and ADOPTED this the__
A.D., 2003.
9th dayof
June
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION P.2003- S~ )
This Agreement is entered into this /?~'~'day of ,J,~,~,- ,2003, by and between the
CITY OF PEARLAND, TEXAS, (hereinafter "City"), and R. West Development Company
(hereinafter "Developer").
WHEREAS, Developer intends to develop thirty five (35) acres of land as a single family
residential community to be known as Towne Lake Section Two (hereinafter"Subdivision);
and
WHEREAS, The Subdivision borders on the proposed extension of Pearland Parkway, a
major thoroughfare, as shown on the City's Thoroughfare Plan; and
WHEREAS, Developer is responsible for constructing or funding a portion of Pearland
Parkway under provisions of the City's Subdivision Ordinance; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to the Pearland Parkway Extension.
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:
Within eighteen months following the execution of this Agreement, Developer will
design and construct the following improvements: Beginning at Oiler Drive and
extending approximately 1723 feet to the south, % boulevard of paving 25 feet in
width with curbs (the "Southbound Lanes"), trunk storm sewer located in the median
of Pearland Parkway, lateral storm sewers with drainage inlets on the Southbound
Lanes, stub outs for future storm sewer laterals for the future northbound lanes,
storm water detention (provided in the median swale), related earthwork, and
appropriate storm sewer outfall ditch (hereinafter, the "Pearland Parkway
Extension").
Developer will cause its engineer to prepare plans and specifications, in
accordance with City standards and regulations, and perform geotechnical studies
for the construction of the Pearland Parkway Extension. City has the right to review
and approval of the plans and specifications, which approval shall not be
unreasonably withheld. City will reimburse developer 50% of the cost of the
engineering and geotechnical studies, as provided in Paragraph 6. The estimated
cost for such services is $604,130.45 as shown in Exhibit 1. Therefore, the total
estimated principal amount to be reimbursed by City to Developer ${50% of total}.
Upon approval of the plans and specifications by the City, Developer will obtain
competitive line item bids in accordance with Local Government Code Chapter 252
for the construction of the Pearland Parkway Extension 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. Both City and
Developer reserve the right to reject any and all bids for construction.
Upon approval of the bids by the Developer, the Developer shall cause the work to
be completed in accordance with the plans and specifications. Developer's
engineer shall monitor the progress and workmanship of the contractor, including
construction administration and materials testing. City shall also provide inspection
to monitor the workmanship of the contractor. Developer shall advance the funds
necessary to pay the contractor for the work performed.
City will reimburse Developer 50% of the actual construction cost as provided in
Paragraph 6. The current estimated cost for the Pearland Parkway Extension,
including paving, drainage, and contingency is $604,130.45 as shown on Exhibit 1.
Therefore, the total estimated principal amount to be reimbursed by City to
Developer is ${50% of total}. Upon completion of the project, actual costs will be
accounted and reported to City.
City will reimburse Developer for City's share of engineering and construction costs,
plus simple interest, within two years of the date of substantial completion of the
Pearland Parkway Extension. Simple interest shall be calculated, beginning on the
date of substantial completion of the Pearland Parkway Extension, at the same
interest rate as Developer's rate of borrowing funds for the Pearland Parkway
Extension, not to exceed (~per annum. City may make partial payments at any
time.
Upon execution of this Agreement, the City does hereby agree that the reservation
described on Note 24 of that certain subdivision plat recorded under Clerk's file
number 03-024083, in Volume 23, pages 297-300, of the Brazoria County Texas
Clerk that provides "the City of Pearland will not accept the Subdivision
improvements for Towne Lake Estates, Section 2 for operation and maintenance by
the City until the improvements for the adjacent segment of Pearland Parkway (1/2
blvd.) have been accepted by the City" shall be deemed null and void, and the City
shall endeavor to have such reservation deleted by amending the plat.
o
West will also construct a masonry fence, landscaping, irrigation, and six-foot
curvilinear sidewalk on the west side and adjacent to the Pearland Parkway
Extension in accordance with the Pearland Parkway Overlay District standards
contained in City's Land Use and Urban Development Ordinance, The costs of
such improvements will not be eligible for reimbursement by the City.
2
City obligations under this Agreement will be paid from lawfully available funds that
may be currently available in the budget year in which the obligation may be due.
City agrees to use its best efforts to collect such revenues and appropriate such
funds as may be required to finance its obligations.
10.
The initial term of this Agreement shall be for a period of three (3) yea[s,
commencing on the.,/A~' day of J,~ ~ ~ ,2003, and terminating on the ~1 ~'
day of ._1,~,,,, , 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.
11.
This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
12.
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.
13.
Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
14.
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.
15.
This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
16.
This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
17.
Resolution No. R2003- [3 is incorporated herein and made a part of this
Agreement for all purposes.
18.
To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
3
19.
DEVELOPER 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 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.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
R. West Development Company
By:
l
ATTEST:
You _ Lo 'C y
CITY OF PEARLAND,
a Texas municipal corporation
STATE OF TEXAS
BRAZORIA COUNTY
4
. This instrument was ack.nowledged before, me on th~s
~, ~-20.03, by /~.....,~ ~.~r..~///,~) c~~.}, on
,7/ ~,-~,,-,--~,--~ - ,.--~..i.:.,,: .... ~ ............ ~.;
Notary ublic,. . State .cf Texas [~'~;\:~[~ MyNc/ToAMLMEIEssCIHoNRJES~IPAIRNESMay 20,
day of
behalf of
STATE OF TEXAS '
BRAZORIA COUNTY '
This instrument was acknowledged before me on this~ day of ~"~---,~ ~ ,
2003, by Bill Eisen, City Manager of the City of Pearland, a Texas home rule municipality,
on behalf of said municipality.
My Commission Expires: .~,,,.-:,.'~/ ,~./
PERLA N. LEHMAN
Commission Expires:
APRIL 2, 2005
5
"EXHIBIT 1"
PEARLAND PARKWAY
BCMUD No. t8
Pearland, TX
4-23-03
Job No. '1967
ST(~RM SEWER. SY,S~[M
ITEM NO. DESCRIPTION
UNIT QUANTITY
q, 24" RCP Storm LF
Sewer Pipe
2. 30" RCP Storm LF
Sewer Pipe
3, 36" RCP Storm LF
Sewer Pipe
4. Type "C" Street Inlets EA
5, Trench Safety LF
$. Type "E" Intet/MH EA
7. Type "A" Grate Inlets EA
8. Emergency Overflow EA
9. @form Ouffall Prokect EA
10. Connect Prop "30" RCP
To existing "E" inlet EA
11. Connect Prop "24" RCP
To Exist "E" inlet EA
12, Drainage Ditch Excav OY
13, 24" Plug EA
14. Special ,P, tm MH L@
[10' x 5' Box MH)
130
760
953
3
1843
5
1
1
41951
1
S/UNIT
"~ TOTALCOST
246,00 $::! 5,9B0,00
$58.00 $ 44,080,00
$6~.00 $ 65,757.00
$. ,eoo.oo $
$1,00 :$ 1,845,00
$4400.00 7,000,00
$2500.00 ;.::.;.:,. $$ 2,500,00.
$1000.00 $ -: '1,000;00
$1000,00 ' /$' 1,000,00
$~.00 8125,853,00
$500.0o $ 500.00
$5000.00 $ 5,000,00
Sub.Total
$267,813,00
PEARLAND PARKWAY
BCMUD No. 18
Peadand, TX
4-23-03
Job No, 1967
~AVEMEN~'
ITEM NO,
DEECRIPTION UNIT
QUANTITY S/UNIT
· TOTAL COST
2.
3.
4.
5.
7.
8.
9.
9" Concrete SY 4908
Pavement
6" Roll Concrete LF 3505
Curb
Excavation CY 5301
12" Lime Stabilization SY 5595
Street Sign with EA 1
Stop $ign~
Barricades EA 1
Pollution Lump 1
Prevention Sum
Hydro Mulch AC 8,37
Lime 36# Tons 155
$35.00
$3.50
$3.00
$4.00
$250,00
$650.00
$25,000.00
$1800.00
$140,00
171,780.00
12,267.50
t 5,903.00
22,380.00
250,00
25,000,00
11,466,00'
2.~.,700.oo
Street Sub-total $ 281,396.50
PEARLAND PARKWAY
BCMUD No. 18
Peartand, TX
4-23-03
Job No, 1967
~UMMARY
Storm and Detention
0% Contingency
1, Pavement
t0% Contingency
Utilities Sub-Total
Pavement Sub-Total
_Main Torsi
267,813.00
26,781.30
294,5~,30.
281,396,50
28,139.65
5-t 6-03
A:\1967. PP-co~t~estm.doc c