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R2000-005 01-10-00RESOLUTION NO. R2000-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEVELOPMENT AGREEMENT WITH TTT&B, LTD., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), OUTLINING THE RESPONSIBILITIES OF THE CITY AND DEVELOPER FOR THE OVERSIZING OF THE AUTUMN LAKES SUBDIVISION WATER LINE. 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 TTT&B, Ltd., a Texas limited partnership, a copy of which is attached hereto as Exhibit "A" and made a part hereof for aH 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. PASSED, APPROVED and ADOPTED this the 10th day of January , A.D., 2000. ATTEST: -)¢~UNG ~N~-,~ ,/~ ~TY S F-~ETARY// / APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TO~-~'~I D MAYOR COST SHARING AND DEVELOPMENT AGREEMENT This Agreement is entered into this day of January, 2000, by and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and TTT&B, LTD., a Texas limited Partnership (hereinafter "Developer"). WHEREAS; At the request of the City, the Developer plans to construct a twelve inch water main and appurtenances necessary for the City to provide water service to the Developer at it's proposed development to be known as Autumn Lake (hereinafter "Autumn") and to dedicate said water main and appurtenances to the City for operation and maintenance; and; WHEREAS; City desires to cooperate with Developer to provide water service to the Developer, and at the same time, increase and improve City's capacity to serve other properties in the Vicinity of the Developer and; WHEREAS; City and Developer desire an agreement to set forth their respective responsibilities with regard to providing water service to the Developer. 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: An eight-inch water main is needed to serve Developer's requirement for Autumn. The City desires to oversize this eight inch main to a twelve inch water main extending from a proposed City water line at the comer of FM 518 and Miller Ranch Road, extending north along Miller Ranch Road a distance of approximately 3180 feet to Autumn. A copy of the proposed ronte of the water main is detailed under Exhibit "A", attached hereto and made a part hereof. To serve additional tracts, the City has requested that Developer construct a twelve-inch water main instead of the eight inch water main as detailed in paragraph I above. The estimated cost for the oversizing of the water main from eight inches to twelve inches is $36,700.00. The estimated engineering allocation costs for overs'm'ng the water main is $5,505.00. The total estimated oversizing and additional engineering costs to be reimbursed by City to Developer is $42,205.00, as described in Exhibit "B", attached hereto. Upon completion of the Project, actual Costs will be accounted and reported to the City. Actual oversizing and engineering reimbursement shall not 10. 11. exceed the total estimated oversizing and engineering costs 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 water mains desired by the City. The bid specifications shall require bidder to reflect the difference in the cost of constructing the water main as reflected in the plans and specifications and the cost which would have been incurred had the water main been constructed to the site as required by Developer. Upon approval of the plans and specifications by the City, Developer's engineers will obtain competitive line item bids, in conformance with Local Government Code Section 252.021, for the construction of the water main 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 water main. Upon approval of the bids by the City,. Developer shall cause the work to be completed in accordance with the plans and specifications as approved by the City. 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 two (2) years, commencing on the __ day of January, 2000, and terminating on the __ day of January, 2002, 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 12. 13. 14. 15. 16. 17 18. 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. City Resolution No. is ihcorporated 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 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 KEEl' 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 wimess whereof, the parties have hereunto set their hands and signatures on the date first above memioned. TTT&B, Ltd., a Texas limited partnership, by: JNB&R, LLC., General Partner By:. Name: John N. Taylor Title: Executive Manager ATTEST: CITY OF PEARLAND, A Texas municipal corporation Name~ Title: City Secretary ~Y~e: GledEr~ifi Title: City Manager STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared John N. Taylor, Executive Manager of JNB&R, LLC., the General Partner of TTT&B, Ltd., 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 JANUARY, 2000. DAY OF Notary Public, State of Texas STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen Erwin, City Manager of the City of Pearland, 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 JANUARY, 2000. DAY OF Notary Public, State of Texas DEC ~9 '99 10:40 FR ~ ENG CORP ?13 52? 63J8 TO 92813334959 P.02/03 DEC 29 '99 10:40 FR DAHNENBAUM ENG CDRP ?1~ 52~ G338 TO 92813354959 EXHIBIT B AUTUMN LAKE Offslte 12" Water Lloe along C.R. 9:3 Cost E~tlmate 12/28/1999 Estimated Unit Des°~ql°tion Unit Qua~(l~ Prico Total 1 12" water (C-gO0) LF 28.00 $92,400- 2 Flushing valve assembly (including 6" valve) EA 6 1500.00 $9,000 3 12" gate valve EA 4 1500.00 4 8" gate valve EA I 800.00 $800 5 Remove 12' plug and COnnect propose~ 12' FA. 1 2000.00 $2,000 waledine to existing 12' waterline 6 Bore uno,er pavement/driveways LF 140 80.00 $11,200 7 Trench safety system, complete In place LF 3300 1.00 $3,300 Total $124,700 Offslte 8" Water Une along C.R. 93 Cost Estimate Estimated Unit Item No. Description Unit Quantity Price Total I 8" water (C-900) LF 3300 18.00 $59,400 2 Rushing valve assembly (including 6" valve) EA 6 1500.00 Sg,000 3 8" gate valve F_.A 5 800.00 $4,000 4 Remove 12' plug, connect proposed 8" water FA. 1 2500.00 $2,500 to exieting waterline, Includes 8'x12' reduCer Bore uncier pavement/clrlveways LF Trench safety system, complete in placo LF 5 6 140 70.00 $9,800 3300 1.00 $3,300 Tolal $88,1)00 Difference ~ coat: $124,700 -$88,OO0 -- $36,700 Enginee~ng (15%) ~5,505 Total $42,205 Dfflerenoe in coat per linear foot: $42,205 / 3300, $12.79 ~ TOTPL PAGE.